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                                         7243

                                   I N  S E N A T E

                                    March 24, 2008
                                      ___________

       Introduced by COMMITTEE ON RULES -- (at request of the Governor) =
-- read
         twice  and  ordered  printed,  and when printed to be committed =
to the
         Committee on Transportation

       AN ACT to amend the vehicle and traffic law, in relation to =
establishing
         a congestion pricing program in the city of New  York;  to  =
amend  the
         public  authorities  law,  in  relation to establishing a =
metropolitan
         transportation authority traffic congestion mitigation fund; to =
 amend
         the  tax law, in relation to eliminating an exemption from the =
parking
         tax for certain residents of the city of New York; to amend the =
 vehi-
         cle  and  traffic law, in relation to establishing residential =
parking
         systems in the city of New York; to amend the public officers =
law,  in
         relation  to  confidentiality  of certain public records; to =
amend the
         New York city charter and the administrative code of the city  =
of  New
         York,  in relation to a transit enhancement fund and providing =
for the
         repeal of certain provisions upon expiration thereof

         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  =
ASSEM-
       BLY, DO ENACT AS FOLLOWS:

    1    Section  1.  The  vehicle  and  traffic law is amended by =
adding a new
    2  article 44-B to read as follows:
    3                                 ARTICLE 44-B
    4                             TRAFFIC MITIGATION
    5  SECTION 1700. LEGISLATIVE FINDINGS AND DECLARATION.
    6          1701. SHORT TITLE.
    7          1702. DEFINITIONS.
    8          1703. ESTABLISHMENT OF CONGESTION PRICING PROGRAM.
    9          1704. CONGESTION PRICING FEES.
   10          1705. CONGESTION PRICING FEE COLLECTION PROGRAM.
   11          1706. AGREEMENT BETWEEN THE CITY AND THE METROPOLITAN  =
TRANSPOR-
   12                  TATION AUTHORITY.
   13          1707. VIOLATIONS AND ENFORCEMENT.
   14          1708. DISPOSITION OF REVENUE AND PENALTIES.
   15          1709. ENVIRONMENTAL STUDY AND MITIGATION.
   16          1710. RULEMAKING AUTHORITY.

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in =
brackets
                             { } is old law to be omitted.
                                                                  =
LBD12063-01-8

       S. 7243                             2

    1    S  1700.  LEGISLATIVE FINDINGS AND DECLARATION. THE LEGISLATURE =
HEREBY
    2  FINDS AND DECLARES THAT: (A) TRAFFIC CONGESTION IN NEW YORK =
CITY`S BUSI-
    3  NESS DISTRICT HAS A SEVERE ADVERSE IMPACT ON PUBLIC HEALTH, THE =
ENVIRON-
    4  MENT OF NEW YORK CITY AND ADJOINING AREAS, AND  OVERALL  =
EMPLOYMENT  AND
    5  JOB  DEVELOPMENT;  (B)  SUCH  ADVERSE  HEALTH IMPACTS ARE =
EXACERBATED BY
    6  OTHER SOURCES OF ENVIRONMENTAL POLLUTION IN AND AROUND  NEW  YORK =
 CITY,
    7  INCLUDING  POLLUTION  FROM  COMMERCIAL  AND  RESIDENTIAL  =
BUILDINGS; (C)
    8  ACTION MUST BE TAKEN TO ADDRESS THESE PROBLEMS AS SOON AS =
POSSIBLE;  (D)
    9  THE  FEDERAL  GOVERNMENT  HAS COMMITTED FUNDING TO FINANCE A =
SOLUTION TO
   10  SUCH CONGESTION; AND (E) THE NEW YORK CITY TRAFFIC CONGESTION =
MITIGATION
   11  COMMISSION, CREATED BY THIS LEGISLATURE, HAS RECOMMENDED  A  =
WORTHY  AND
   12  VIABLE  PLAN  TO  ADDRESS TRAFFIC CONGESTION IN NEW YORK CITY`S =
BUSINESS
   13  DISTRICT. THE LEGISLATURE THEREFORE FINDS AND DECLARES THAT THERE =
SHOULD
   14  BE A TRAFFIC CONGESTION MITIGATION PLAN WITHIN THE CITY OF NEW  =
YORK  AS
   15  RECOMMENDED  BY  THE NEW YORK CITY TRAFFIC CONGESTION MITIGATION =
COMMIS-
   16  SION.
   17    S 1701. SHORT TITLE. THIS ARTICLE SHALL BE KNOWN AND MAY BE  =
CITED  AS
   18  THE "TRAFFIC MITIGATION ACT".
   19    S  1702.  DEFINITIONS.  FOR  THE  PURPOSES OF THIS ARTICLE, =
UNLESS THE
   20  CONTEXT OTHERWISE REQUIRES:
   21    1. "AUTHORIZED EMERGENCY VEHICLES" SHALL HAVE THE MEANING AS  =
PROVIDED
   22  IN SECTION ONE HUNDRED ONE OF THIS CHAPTER.
   23    2. "BUS" MEANS A MOTOR VEHICLE HAVING A SEATING CAPACITY OF =
FIFTEEN OR
   24  MORE  PASSENGERS  IN ADDITION TO THE DRIVER AND USED FOR THE =
TRANSPORTA-
   25  TION OF PERSONS, BUT SHALL NOT INCLUDE ANY MOTOR VEHICLES, =
REGARDLESS OF
   26  SEATING, THAT ARE TRANSIT VEHICLES OR SCHOOL VEHICLES.
   27    3. "CONGESTION PRICING FEE" MEANS THE FEE CHARGED FOR  =
TRAVELING  INTO
   28  THE  CONGESTION  PRICING  ZONE AS DESCRIBED IN SECTION SEVENTEEN =
HUNDRED
   29  FOUR OF THIS ARTICLE.
   30    4. "CONGESTION PRICING PROGRAM" MEANS THE PROGRAM FOR  CHARGING =
 VEHI-
   31  CLES THAT ENTER THE CONGESTION PRICING ZONE A FEE.
   32    5.  "CONGESTION  PRICING  ZONE" MEANS THE AREA AS DESCRIBED IN =
SECTION
   33  SEVENTEEN HUNDRED THREE OF THIS ARTICLE FOR WHICH  A  VEHICLE  =
SHALL  BE
   34  CHARGED A CONGESTION PRICING FEE FOR ENTRY TO SUCH ZONE.
   35    6. "CITY" MEANS THE CITY OF NEW YORK.
   36    7. "DEPARTMENT OF FINANCE" MEANS THE DEPARTMENT OF FINANCE OF =
THE CITY
   37  OF NEW YORK.
   38    8.  "ELECTRONIC  FEE  COLLECTION  SYSTEM" MEANS A SYSTEM OF =
COLLECTING
   39  FEES WHICH IS CAPABLE OF CHARGING AN ACCOUNT HOLDER THE =
APPROPRIATE  FEE
   40  BY  TRANSMISSION  OF  INFORMATION  FROM  AN ELECTRONIC DEVICE IN =
OR ON A
   41  VEHICLE TO A DEVICE SENSOR, WHICH INFORMATION  IS  USED  TO  =
CHARGE  THE
   42  APPROPRIATE FEE.
   43    9.  "LIVERY  VEHICLE"  MEANS ANY FOR-HIRE VEHICLE REGULATED BY =
THE NEW
   44  YORK CITY TAXI AND LIMOUSINE COMMISSION OTHER THAN A TAXI.
   45    10. "NEW YORK CITY TRAFFIC  CONGESTION  MITIGATION  COMMISSION" =
 SHALL
   46  MEAN  THE COMMISSION ESTABLISHED BY CHAPTER THREE HUNDRED =
EIGHTY-FOUR OF
   47  THE LAWS OF TWO THOUSAND SEVEN.
   48    11. "OPERATION DATE" MEANS THE DATE DETERMINED BY THE  CITY,  =
PURSUANT
   49  TO  AN  AGREEMENT  WITH  THE  METROPOLITAN  TRANSPORTATION  =
AUTHORITY AS
   50  PROVIDED IN SECTION SEVENTEEN HUNDRED  SIX  OF  THIS  ARTICLE,  =
FOR  THE
   51  BEGINNING  OF  THE  OPERATION  AND ENFORCEMENT OF THE CONGESTION =
PRICING
   52  PROGRAM.
   53    12. "OWNER" SHALL HAVE THE MEANING PROVIDED IN ARTICLE TWO-B  =
OF  THIS
   54  CHAPTER.

       S. 7243                             3

    1    13.  "PARKING  VIOLATIONS  BUREAU" MEANS THE PARKING VIOLATIONS =
BUREAU
    2  CREATED IN THE DEPARTMENT OF FINANCE PURSUANT TO SECTION 19-201  =
OF  THE
    3  ADMINISTRATIVE CODE OF THE CITY OF NEW YORK.
    4    14.  "PASSENGER  VEHICLES"  MEANS MOTOR VEHICLES DESIGNED AND =
USED FOR
    5  CONVEYING NOT MORE THAN FOURTEEN PEOPLE AND SHALL  INCLUDE  CARS  =
RENTED
    6  FOR  HIRE,  EXCLUDING  BUSES,  TAXIS  AND LIVERY VEHICLES SUBJECT =
TO THE
    7  SURCHARGE, AND SHALL INCLUDE MOTORCYCLES.
    8    15. "PHOTO-MONITORING  SYSTEM"  MEANS  A  SYSTEM  OF  VEHICLE  =
SENSORS
    9  INSTALLED WITHIN THE CONGESTION PRICING ZONE TO WORK IN =
CONJUNCTION WITH
   10  PHOTOGRAPHIC  EQUIPMENT  WHICH AUTOMATICALLY PRODUCES ONE OR MORE =
PHOTO-
   11  GRAPHS, ONE OR MORE MICROPHOTOGRAPHS, A VIDEOTAPE, A  DIGITAL  =
RECORDING
   12  OR  OTHER  RECORDED  IMAGES OF A VEHICLE ENTERING THE CONGESTION =
PRICING
   13  ZONE.
   14    16. "SAFETY, TRAFFIC AND PARKING  CONTROL,  AND  INSPECTION  =
VEHICLES"
   15  MEANS  VEHICLES OPERATED BY THE CITY, THE STATE, THE METROPOLITAN =
TRANS-
   16  PORTATION AUTHORITY  AND  ITS  AFFILIATES  AND  SUBSIDIARIES,  =
THE  PORT
   17  AUTHORITY  OF NEW YORK AND NEW JERSEY AND THE FEDERAL GOVERNMENT =
AS PART
   18  OF OFFICIAL PUBLIC SAFETY, TRAFFIC AND PARKING  CONTROL,  AND  =
ROADWAY-,
   19  TRANSIT- OR TRANSPORTATION-RELATED CONSTRUCTION, MAINTENANCE, =
REPAIR, OR
   20  SUPERVISORY AND INSPECTION DUTIES.
   21    17.  "SANITATION VEHICLES" MEANS VEHICLES OPERATED BY THE CITY =
AS PART
   22  OF OFFICIAL REFUSE COLLECTION, STREET CLEANING, SNOW  REMOVAL,  =
OR  SAND
   23  SPREADING DUTIES.
   24    18.  "SCHOOL  VEHICLE"  MEANS A VEHICLE THAT IS OWNED OR =
OPERATED BY A
   25  PUBLIC OR GOVERNMENTAL AGENCY OR PRIVATE SCHOOL AND  IS  BEING  =
OPERATED
   26  FOR THE TRANSPORTATION OF PUPILS, TEACHERS AND OTHER PERSONS =
ACTING IN A
   27  SUPERVISORY CAPACITY, TO OR FROM SCHOOL OR SCHOOL ACTIVITIES OR =
PRIVATE-
   28  LY  OWNED AND BEING OPERATED ON A REGULAR BASIS FOR COMPENSATION =
FOR THE
   29  TRANSPORTATION OF PUPILS, TEACHERS AND OTHER PERSONS ACTING IN A  =
SUPER-
   30  VISORY CAPACITY TO OR FROM SCHOOL OR SCHOOL ACTIVITIES.
   31    19.  "TAXI"  MEANS  A  MOTOR VEHICLE DISPLAYING A VALID TAXI =
MEDALLION
   32  ISSUED BY THE NEW YORK CITY TAXI AND LIMOUSINE COMMISSION.
   33    20. "TRAFFIC CONGESTION MITIGATION FUND" MEANS THE DESIGNATED =
FUND  OF
   34  THE  METROPOLITAN  TRANSPORTATION  AUTHORITY  CREATED  BY SECTION =
TWELVE
   35  HUNDRED SEVENTY-G OF THE PUBLIC AUTHORITIES LAW.
   36    21. "TRANSIT VEHICLE" MEANS ANY BUS OR OTHER PASSENGER  VEHICLE =
 OWNED
   37  OR  OPERATED  BY  THE METROPOLITAN TRANSPORTATION AUTHORITY OR =
ANY OTHER
   38  PUBLIC AUTHORITY OR GOVERNMENTAL AGENCY FOR THE PURPOSE OF  =
TRANSPORTING
   39  PASSENGERS  AS  WELL AS OTHER NON-REVENUE VEHICLES OWNED AND =
OPERATED BY
   40  THE METROPOLITAN TRANSPORTATION AUTHORITY AND  SHALL  FURTHER  =
MEAN  ALL
   41  PARA-TRANSIT  VEHICLES  OPERATING  UNDER  CONTRACT WITH THE =
METROPOLITAN
   42  TRANSPORTATION AUTHORITY.
   43    22. "TRUCK" MEANS ANY VEHICLE  OR  COMBINATION  OF  VEHICLES  =
DESIGNED
   44  PRIMARILY FOR THE TRANSPORTATION OF PROPERTY.
   45    23. "URBAN PARTNERSHIP AGREEMENT" SHALL MEAN THE AGREEMENT =
EXECUTED ON
   46  AUGUST  EIGHTH,  TWO THOUSAND SEVEN BETWEEN THE UNITED STATES =
DEPARTMENT
   47  OF TRANSPORTATION AND THE STATE OF NEW YORK, THE CITY OF  NEW  =
YORK  AND
   48  THE METROPOLITAN TRANSPORTATION AUTHORITY.
   49    S  1703.  ESTABLISHMENT  OF CONGESTION PRICING PROGRAM.   1. =
THE CITY,
   50  PURSUANT TO THE AGREEMENT WITH THE METROPOLITAN TRANSPORTATION =
AUTHORITY
   51  AS PROVIDED IN SECTION SEVENTEEN HUNDRED  SIX  OF  THIS  ARTICLE, =
 SHALL
   52  ESTABLISH A CONGESTION PRICING PROGRAM AS DESCRIBED IN THIS =
ARTICLE.
   53    2.  THE CONGESTION PRICING PROGRAM SHALL OPERATE WITHIN THE =
CONGESTION
   54  PRICING ZONE, WHICH SHALL INCLUDE ANY ROADWAYS, BRIDGES  OR  =
RAMPS  THAT
   55  ARE LOCATED WITHIN, OR ENTER INTO, THE GEOGRAPHIC AREA IN THE =
BOROUGH OF
   56  MANHATTAN  SOUTH OF AND INCLUSIVE OF 60TH STREET TO THE EXTENT =
PRACTICA-

       S. 7243                             4

    1  BLE BUT SHALL NOT INCLUDE ANY ROADWAYS NORTH OF  THE  SOUTHERN  =
SIDE  OF
    2  61ST  STREET.  THE CITY DEPARTMENT OF TRANSPORTATION SHALL, BY =
RULE, FIX
    3  THE NORTHERN BOUNDARY OF THE CONGESTION PRICING  ZONE,  =
CONSISTENT  WITH
    4  THIS SUBDIVISION.
    5    3.  NOTWITHSTANDING  THE  PROVISIONS  OF  SUBDIVISION  FIVE OF =
SECTION
    6  SEVENTEEN HUNDRED FOUR OF THIS ARTICLE, THE CITY, PURSUANT TO  =
AGREEMENT
    7  WITH THE METROPOLITAN TRANSPORTATION AUTHORITY AND UNDER RULES =
AND REGU-
    8  LATIONS  ESTABLISHED  BY THE CITY`S TAXI AND LIMOUSINE =
COMMISSION, SHALL
    9  BE AUTHORIZED TO IMPOSE AND COLLECT A SURCHARGE OF ONE DOLLAR  =
PER  TRIP
   10  ON TAXIS AND LIVERY VEHICLES PICKING UP OR DISCHARGING PASSENGERS =
WITHIN
   11  THE  CONGESTION  PRICING  ZONE  BETWEEN  6:00 A.M. AND 6:00 P.M., =
MONDAY
   12  THROUGH FRIDAY, EXCEPT FOR HOLIDAYS  AS  ESTABLISHED  BY  RULES  =
OF  THE
   13  DEPARTMENT OF TRANSPORTATION OF THE CITY OF NEW YORK.
   14    4.  NOTWITHSTANDING  ANY OTHER PROVISION OF LAW, THE CITY, =
PURSUANT TO
   15  THE AGREEMENT WITH THE METROPOLITAN TRANSPORTATION AUTHORITY =
PROVIDED IN
   16  SECTION SEVENTEEN HUNDRED SIX OF THIS ARTICLE, SHALL INSTALL AND =
OPERATE
   17  AN ELECTRONIC FEE COLLECTION SYSTEM AND  A  PHOTO-MONITORING  =
SYSTEM  AT
   18  POINTS OF MOTOR VEHICLE INGRESS TO THE CONGESTION PRICING ZONE.
   19    S  1704.  CONGESTION  PRICING  FEES.   1. UPON THE OPERATION =
DATE, THE
   20  CITY, AS AGENT OF THE METROPOLITAN TRANSPORTATION AUTHORITY, =
PURSUANT TO
   21  THE AGREEMENT WITH THE METROPOLITAN TRANSPORTATION AUTHORITY =
PROVIDED IN
   22  SECTION SEVENTEEN HUNDRED SIX OF THIS ARTICLE, SHALL CHARGE AND  =
COLLECT
   23  A  SINGLE  CONGESTION  PRICING FEE PER DAY FROM THE OWNER OF ANY =
VEHICLE
   24  ENTERING THE CONGESTION PRICING ZONE BETWEEN 6:00 A.M.  AND  6:00 =
 P.M.,
   25  MONDAY  THROUGH  FRIDAY,  EXCEPT FOR HOLIDAYS AS ESTABLISHED BY =
RULES OF
   26  THE DEPARTMENT OF TRANSPORTATION OF THE CITY OF NEW YORK,  =
ACCORDING  TO
   27  THE FOLLOWING RATE SCHEDULE:
   28    (A)  FOR  TRUCKS  WITH A MAXIMUM GROSS WEIGHT EQUAL TO OR =
GREATER THAN
   29  SEVEN THOUSAND POUNDS, EXCEPT FOR BUSES: TWENTY-ONE DOLLARS FOR =
ENTERING
   30  THE CONGESTION PRICING ZONE. PROVIDED, HOWEVER, THAT THE FEE FOR  =
ENTER-
   31  ING  THE  CONGESTION  PRICING  ZONE  SHALL  NOT EXCEED SEVEN =
DOLLARS FOR
   32  TRUCKS WITH A MAXIMUM GROSS WEIGHT EQUAL TO OR GREATER THAN SEVEN =
 THOU-
   33  SAND  POUNDS  UTILIZING  REDUCED EMISSIONS TECHNOLOGIES AS =
DETERMINED BY
   34  THE DEPARTMENT OF TRANSPORTATION OF THE CITY OF NEW YORK.
   35    (B) FOR ALL OTHER VEHICLES, INCLUDING PASSENGER VEHICLES,  =
BUSES,  AND
   36  TRUCKS  WITH  A  GROSS  WEIGHT OF LESS THAN SEVEN THOUSAND =
POUNDS: EIGHT
   37  DOLLARS FOR ENTERING THE CONGESTION PRICING ZONE.
   38    2. A VEHICLE SHALL BE CHARGED EACH DAY FOR NO MORE THAN ONE =
ENTRY INTO
   39  THE CONGESTION PRICING ZONE.
   40    3. FOR VEHICLES THAT ARE  EQUIPPED  WITH  AN  ELECTRONIC  =
DEVICE  THAT
   41  PARTICIPATES IN THE ELECTRONIC FEE COLLECTION SYSTEM, THE CITY, =
AS AGENT
   42  FOR THE METROPOLITAN TRANSPORTATION AUTHORITY, PURSUANT TO THE =
AGREEMENT
   43  WITH  THE  METROPOLITAN  TRANSPORTATION  AUTHORITY  PROVIDED  IN =
SECTION
   44  SEVENTEEN HUNDRED SIX OF THIS ARTICLE, SHALL AUTOMATICALLY  =
DEDUCT  FROM
   45  THE  CONGESTION  PRICING  FEE CHARGED TO THE OWNER OF A VEHICLE =
ENTERING
   46  THE CONGESTION PRICING ZONE AN AMOUNT EQUAL TO THE CUMULATIVE =
AMOUNT  OF
   47  TOLLS  OR  OTHER  CHARGES THAT THE OWNER OF THE VEHICLE PAID ON =
THE SAME
   48  DAY TO CROSS THE FOLLOWING BRIDGES AND TUNNELS:  THE  GEORGE  =
WASHINGTON
   49  BRIDGE, THE HENRY HUDSON BRIDGE, THE TRIBOROUGH BRIDGE, THE =
BRONX-WHITE-
   50  STONE  BRIDGE, THE THROGS NECK BRIDGE, THE VERRAZANO-NARROWS =
BRIDGE, THE
   51  MARINE PARKWAY-GIL HODGES MEMORIAL BRIDGE, THE CROSS BAY VETERANS =
 MEMO-
   52  RIAL  BRIDGE, GOETHALS BRIDGE, OUTERBRIDGE CROSSING, BAYONNE =
BRIDGE, THE
   53  LINCOLN TUNNEL, THE HOLLAND TUNNEL,  THE  BROOKLYN-BATTERY  =
TUNNEL,  THE
   54  QUEENS-MIDTOWN  TUNNEL,  AND  ANY OTHER BRIDGE, TUNNEL, OR =
CROSSING INTO
   55  THE BOROUGH OF MANHATTAN THAT CHARGES A TOLL OR OTHER CHARGE ON =
OR AFTER
   56  THE EFFECTIVE DATE OF THIS ARTICLE. OWNERS SHALL NOT BE  ENTITLED =
 TO  A

       S. 7243                             5

    1  CREDIT  TO THE EXTENT SUCH DEDUCTION RESULTS IN A NEGATIVE =
AMOUNT. VEHI-
    2  CLES NOT EQUIPPED WITH AN ELECTRONIC DEVICE  THAT  PARTICIPATES  =
IN  THE
    3  ELECTRONIC FEE COLLECTION SYSTEM SHALL NOT RECEIVE THE DEDUCTIONS =
IN THE
    4  CONGESTION PRICING FEE DESCRIBED IN THIS SUBDIVISION.
    5    4.  FOR  VEHICLES THAT ARE NOT EQUIPPED WITH AN ELECTRONIC =
DEVICE THAT
    6  PARTICIPATES IN THE ELECTRONIC FEE COLLECTION SYSTEM, THE CITY, =
AS AGENT
    7  FOR THE METROPOLITAN TRANSPORTATION AUTHORITY, PURSUANT TO THE =
AGREEMENT
    8  WITH THE  METROPOLITAN  TRANSPORTATION  AUTHORITY  PROVIDED  IN  =
SECTION
    9  SEVENTEEN  HUNDRED  SIX  OF THIS ARTICLE, SHALL AUTOMATICALLY ADD =
TO THE
   10  CONGESTION PRICING FEE CHARGED TO THE OWNER OF A  VEHICLE  =
ENTERING  THE
   11  CONGESTION PRICING ZONE IN AN AMOUNT EQUAL TO ONE DOLLAR.
   12    5.  THE FOLLOWING VEHICLES SHALL BE EXEMPT FROM ANY CONGESTION =
PRICING
   13  FEES PROVIDED THEY ARE EQUIPPED WITH AN ELECTRONIC DEVICE  THAT  =
PARTIC-
   14  IPATES IN THE ELECTRONIC FEE COLLECTION SYSTEM, OR ARE =
PRE-REGISTERED BY
   15  AGREEMENT  WITH THE CITY: AUTHORIZED EMERGENCY VEHICLES, SAFETY, =
TRAFFIC
   16  AND PARKING  CONTROL,  AND  INSPECTION  VEHICLES,  SANITATION  =
VEHICLES,
   17  SCHOOL  VEHICLES, TAXIS, LIVERY VEHICLES SUBJECT TO THE CHARGE =
DESCRIBED
   18  IN SUBDIVISION THREE OF SECTION SEVENTEEN HUNDRED THREE OF THIS =
ARTICLE,
   19  TRANSIT VEHICLES, VEHICLES WITH LICENSE PLATES ISSUED BY THE =
COMMISSION-
   20  ER PURSUANT TO SECTION FOUR HUNDRED FOUR-A OF THIS CHAPTER, AND =
VEHICLES
   21  OWNED OR OPERATED BY ANY FOREIGN GOVERNMENT OR  INTERNATIONAL  =
ORGANIZA-
   22  TION  OR ITS REPRESENTATIVES, OFFICERS OR EMPLOYEES IF THE UNITED =
STATES
   23  DEPARTMENT OF STATE NOTIFIES THE CITY THAT SUCH VEHICLES ARE =
EXEMPT.
   24    6. IF THE OWNER OF ANY VEHICLE SUBJECT TO  A  CONGESTION  =
PRICING  FEE
   25  PURSUANT  TO THIS ARTICLE, WHO DOES NOT ACTUALLY PAY SUCH A FEE =
PURSUANT
   26  TO THE ELECTRONIC FEE COLLECTION SYSTEM, FAILS TO PAY THE CITY, =
AS AGENT
   27  FOR THE METROPOLITAN TRANSPORTATION AUTHORITY PURSUANT TO THE  =
AGREEMENT
   28  WITH  THE  METROPOLITAN  TRANSPORTATION  AUTHORITY  PROVIDED  IN =
SECTION
   29  SEVENTEEN HUNDRED SIX OF THIS ARTICLE, WITHIN  FORTY-EIGHT  HOURS =
 AFTER
   30  THE  END  OF  THE  CALENDAR  DAY  IN  WHICH  THE  VEHICLE HAS =
INCURRED A
   31  CONGESTION PRICING FEE PURSUANT TO THIS SECTION,  SUCH  OWNER  =
SHALL  BE
   32  LIABLE  FOR  A  CHARGE IN AN AMOUNT, INCLUSIVE OF THE CONGESTION =
PRICING
   33  FEE, NOT TO EXCEED SIXTY-FIVE DOLLARS. THE DEPARTMENT OF  =
TRANSPORTATION
   34  OF  THE  CITY OF NEW YORK SHALL PROMULGATE RULES GOVERNING SUCH =
CHARGES,
   35  INCLUDING, BUT NOT LIMITED TO, RULES ESTABLISHING A SCHEDULE OF =
CHARGES,
   36  NOTIFICATION REQUIREMENTS, AND PROCEDURES FOR THE RESOLUTION OF =
DISPUTES
   37  OVER THE CONGESTION PRICING FEE AND CHARGES IMPOSED.
   38    7. IT SHALL BE A VIOLATION OF THIS SECTION FOR THE OWNER OF ANY =
 VEHI-
   39  CLE  SUBJECT  TO A CONGESTION PRICING FEE PURSUANT TO THIS =
ARTICLE, WHEN
   40  NOT ACTUALLY PAYING SUCH A FEE PURSUANT TO THE ELECTRONIC FEE =
COLLECTION
   41  SYSTEM, TO FAIL TO PAY SUCH FEE TO THE CITY, AS AGENT FOR THE  =
METROPOL-
   42  ITAN  TRANSPORTATION AUTHORITY PURSUANT TO THE AGREEMENT WITH THE =
METRO-
   43  POLITAN TRANSPORTATION AUTHORITY PROVIDED IN SECTION  SEVENTEEN  =
HUNDRED
   44  SIX  OF  THIS  ARTICLE, WITHIN THIRTY DAYS AFTER THE END OF THE =
CALENDAR
   45  DAY IN WHICH THE VEHICLE HAS INCURRED A CONGESTION PRICING FEE  =
PURSUANT
   46  TO THIS SECTION.
   47    8.  THE  CITY  SHALL:  (A)  TAKE  APPROPRIATE STEPS TO ADDRESS =
PRIVACY
   48  CONCERNS OF DRIVERS ENTERING THE CONGESTION PRICING ZONE AND TO =
MITIGATE
   49  SUCH CONCERNS BY ESTABLISHING CONTROLS ON STORAGE AND SHARING OF =
VEHICLE
   50  DATA. THESE STEPS SHALL INCLUDE COMPLYING WITH PRIVACY STANDARDS =
OF  THE
   51  E-ZPASS  INTERAGENCY GROUP, E-ZPASS CUSTOMER SERVICE CENTERS, =
APPLICABLE
   52  CITY AND STATE LAWS REGARDING SHARING OF VEHICLE AND PRIVATE =
INFORMATION
   53  WITH THIRD PARTIES AND ADDITIONAL MEASURES TO PROTECT PRIVACY, =
INCLUDING
   54  DELETION OF VEHICLE DATA NO LONGER REQUIRED  FOR  BILLING  =
INQUIRIES  OR
   55  NON-PAYMENT  ENFORCEMENT, REMOVAL OF VEHICLE INFORMATION FROM =
DATA MAIN-
   56  TAINED FOR RESEARCH PURPOSES AND DEVELOPMENT  OF  AN  ANONYMOUS  =
PAYMENT

       S. 7243                             6

    1  OPTION;  (B) PRIOR TO THE OPERATION DATE, SUBMIT TO THE GOVERNOR =
AND THE
    2  LEGISLATURE A PLAN DETAILING HOW IT SHALL INCREASE, IN =
COORDINATION WITH
    3  THE CONGESTION PRICING PROGRAM, THE ENFORCEMENT OF  EXISTING  =
STATE  AND
    4  LOCAL  VEHICLE  AND  TRAFFIC  LAWS, RULES AND REGULATIONS AND =
REDUCE THE
    5  ABUSE OF GOVERNMENT-ISSUED PARKING PLACARDS; AND (C) INCREASE  =
FEES  FOR
    6  ON-STREET  PARKING IN PARKING METER ZONES THAT ARE WITHIN THE =
CONGESTION
    7  PRICING ZONE.
    8    S 1705. CONGESTION PRICING FEE COLLECTION PROGRAM.  1. =
NOTWITHSTANDING
    9  ANY OTHER PROVISION OF LAW, THE CITY,  AS  AGENT  FOR  THE  =
METROPOLITAN
   10  TRANSPORTATION  AUTHORITY,  PURSUANT TO THE AGREEMENT WITH THE =
METROPOL-
   11  ITAN TRANSPORTATION AUTHORITY PROVIDED IN SECTION SEVENTEEN =
HUNDRED  SIX
   12  OF   THIS  ARTICLE,  SHALL:  (A)  ESTABLISH  A  CONGESTION  =
PRICING  FEE
   13  COLLECTION PROGRAM; (B) COLLECT CONGESTION  PRICING  FEES  =
AUTOMATICALLY
   14  FROM THE OWNER OF A VEHICLE HOLDING AN ACCOUNT THROUGH AN =
ELECTRONIC FEE
   15  COLLECTION SYSTEM; (C) CREATE A MECHANISM FOR THE OWNER OF A =
VEHICLE NOT
   16  PARTICIPATING  IN THE ELECTRONIC FEE COLLECTION SYSTEM TO PAY =
CONGESTION
   17  PRICING FEES DIRECTLY TO THE CITY, BOTH BEFORE  AND  WITHIN  =
FORTY-EIGHT
   18  HOURS AFTER A VEHICLE TRAVELS INTO THE CONGESTION PRICING ZONE, =
AND SUCH
   19  MECHANISM SHALL INCLUDE A WIDE RANGE OF PAYMENT OPTIONS, SUCH AS =
PAYMENT
   20  IN PERSON, AT DESIGNATED LOCATIONS, ON THE INTERNET OR VIA PHONE.
   21    2. ALL CONGESTION PRICING FEES COLLECTED BY THE CITY, AS AGENT =
FOR THE
   22  METROPOLITAN TRANSPORTATION AUTHORITY, SHALL AT ALL TIMES BE THE =
PROPER-
   23  TY OF THE METROPOLITAN TRANSPORTATION AUTHORITY.
   24    S 1706. AGREEMENT BETWEEN THE CITY AND THE METROPOLITAN =
TRANSPORTATION
   25  AUTHORITY.    1.  THE CITY AND THE METROPOLITAN TRANSPORTATION =
AUTHORITY
   26  SHALL ENTER INTO AN AGREEMENT, AND SHALL BE  AUTHORIZED  TO  =
ALTER  SUCH
   27  AGREEMENT FROM TIME TO TIME, THAT PROVIDES FOR THE DESIGN, =
CONSTRUCTION,
   28  OPERATION,  MAINTENANCE, AND FINANCING OF THE CONGESTION PRICING =
PROGRAM
   29  AND THE SYSTEMS BY WHICH CONGESTION PRICING FEES ARE COLLECTED.  =
SUCH AN
   30  AGREEMENT SHALL PROVIDE THAT THE  CITY  SHALL  BE  RESPONSIBLE  =
FOR  THE
   31  CONSTRUCTION,  OPERATION,  AND  MAINTENANCE  OF  THE  CONGESTION =
PRICING
   32  PROGRAM AND THE SYSTEMS BY WHICH CONGESTION PRICING FEES ARE  =
COLLECTED,
   33  EXCEPT  AS OTHERWISE PROVIDED BY THIS ARTICLE, AND THAT THE =
METROPOLITAN
   34  TRANSPORTATION AUTHORITY SHALL REIMBURSE THE CITY FOR THE COSTS =
OF PLAN-
   35  NING, DESIGN, CONSTRUCTION, OPERATION, AND MAINTENANCE OF THE =
CONGESTION
   36  PRICING PROGRAM AND THE CONGESTION PRICING FEE COLLECTION =
PROGRAM,  LESS
   37  ANY FEDERAL MONEY RECEIVED FOR SUCH PURPOSES, AS PROVIDED IN SUCH =
AGREE-
   38  MENT  FROM  THE  FEES COLLECTED. SUCH AN AGREEMENT SHALL FURTHER =
PROVIDE
   39  THAT THE CITY SHALL COLLECT CONGESTION PRICING FEES  AS  AGENT  =
FOR  THE
   40  METROPOLITAN  TRANSPORTATION  AUTHORITY, AND THAT SUCH FEES SHALL =
AT ALL
   41  TIMES BE THE PROPERTY OF THE METROPOLITAN TRANSPORTATION =
AUTHORITY.  THE
   42  CITY  SHALL  NOT  ACT AS AN AGENT OF THE AUTHORITY FOR ANY =
PURPOSE OTHER
   43  THAN THE COLLECTION OF SUCH FEES. SUCH AGREEMENT SHALL  FURTHER  =
PROVIDE
   44  THAT  THE  DEPARTMENT  OF  TRANSPORTATION  OF THE CITY OF NEW =
YORK SHALL
   45  HANDLE THE RESOLUTION OF DISPUTES OVER CHARGES DESCRIBED IN  =
SUBDIVISION
   46  SIX  OF  SECTION  SEVENTEEN  HUNDRED  FOUR  OF THIS ARTICLE AND =
THAT THE
   47  DEPARTMENT OF FINANCE OR THE PARKING VIOLATIONS BUREAU SHALL  =
ADJUDICATE
   48  ALL VIOLATIONS OF THIS ARTICLE AS PROVIDED IN THIS ARTICLE, AND =
THAT ALL
   49  CHARGES,  FINES  AND PENALTIES COLLECTED PURSUANT TO THIS ARTICLE =
BY THE
   50  DEPARTMENT OF TRANSPORTATION OF THE CITY OF NEW YORK, THE =
DEPARTMENT  OF
   51  FINANCE  OR  THE  PARKING VIOLATIONS BUREAU SHALL BE THE PROPERTY =
AT ALL
   52  TIMES OF THE METROPOLITAN TRANSPORTATION AUTHORITY;  PROVIDED,  =
HOWEVER,
   53  THAT  THE METROPOLITAN TRANSPORTATION AUTHORITY AND THE CITY =
SHALL ENTER
   54  INTO AN AGREEMENT PROVIDING FOR THE REIMBURSEMENT TO THE  =
DEPARTMENT  OF
   55  TRANSPORTATION  OF  THE  CITY  OF  NEW  YORK  FOR THE COSTS OF =
RESOLVING
   56  DISPUTES OVER CHARGES DESCRIBED IN SUBDIVISION SIX OF SECTION  =
SEVENTEEN

       S. 7243                             7

    1  HUNDRED  FOUR  OF  THIS  ARTICLE,  IN  AN  AMOUNT  NOT TO EXCEED =
CHARGES
    2  COLLECTED PURSUANT TO THIS ARTICLE, AND THE REIMBURSEMENT TO THE =
DEPART-
    3  MENT OF FINANCE OR THE PARKING VIOLATIONS BUREAU FOR THE COSTS OF =
 ADJU-
    4  DICATIONS OF VIOLATIONS DESCRIBED IN SUBDIVISION SEVEN OF SECTION =
SEVEN-
    5  TEEN  HUNDRED  FOUR OF THIS ARTICLE, IN AN AMOUNT NO TO EXCEED =
FINES AND
    6  PENALTIES COLLECTED PURSUANT TO THIS ARTICLE. THE CITY AND THE =
METROPOL-
    7  ITAN TRANSPORTATION AUTHORITY ARE AUTHORIZED TO ENTER  INTO  =
THIRD-PARTY
    8  AGREEMENTS WITH ANY PARTIES THE CITY AND THE METROPOLITAN =
TRANSPORTATION
    9  AUTHORITY   DETERMINE  ARE  NECESSARY  OR  CONVENIENT  FOR  THE  =
DESIGN,
   10  CONSTRUCTION, OPERATION,  AND  MAINTENANCE  OF  THE  CONGESTION  =
PRICING
   11  PROGRAM AND CONGESTION PRICING FEE COLLECTION PROGRAM.
   12    2. THE CITY MAY PROCURE CONTRACTS TO DESIGN, CONSTRUCT, =
OPERATE, MAIN-
   13  TAIN,  AND  IMPLEMENT  THE CONGESTION PRICING PROGRAM AND THE =
CONGESTION
   14  PRICING FEE  COLLECTION  PROGRAM  THROUGH  THE  AWARD  OF  ONE  =
OR  MORE
   15  CONTRACTS PURSUANT TO A COMPETITIVE PROCESS IN ACCORDANCE WITH =
THE RULES
   16  OF  THE  CITY`S PROCUREMENT POLICY BOARD IN EFFECT ON THE =
EFFECTIVE DATE
   17  OF THIS SUBDIVISION.
   18    3. NOTWITHSTANDING ANY PROVISIONS OF THIS SECTION, THE CITY MAY =
 ENTER
   19  INTO A CONTRACT, EITHER DIRECTLY OR THROUGH THE METROPOLITAN =
TRANSPORTA-
   20  TION AUTHORITY, WITH THE AUTHORITY`S E-ZPASS SERVICES CONTRACTOR =
FOR THE
   21  PROVISION  OF  E-ZPASS  AND  RELATED SERVICES PURSUANT TO ANY =
PROCESS IN
   22  ACCORDANCE WITH THE RULES OF THE  CITY`S  PROCUREMENT  POLICY  =
BOARD  IN
   23  EFFECT ON THE EFFECTIVE DATE OF THIS SECTION.
   24    S  1707.  VIOLATIONS  AND  ENFORCEMENT.   1. NOTWITHSTANDING =
ANY OTHER
   25  PROVISION OF LAW, VIOLATIONS OF THIS ARTICLE SHALL BE ADJUDICATED =
PURSU-
   26  ANT TO THIS SECTION. THE OWNER OF A VEHICLE SHALL BE LIABLE FOR A =
PENAL-
   27  TY IMPOSED PURSUANT TO THIS SECTION IF SUCH VEHICLE WAS USED OR =
OPERATED
   28  WITH THE PERMISSION OF THE OWNER, EXPRESSED OR IMPLIED, IN =
VIOLATION  OF
   29  SUBDIVISION SEVEN OF SECTION SEVENTEEN HUNDRED FOUR OF THIS =
ARTICLE, AND
   30  SUCH  VIOLATION  IS EVIDENCED BY INFORMATION OBTAINED FROM A =
PHOTO-MONI-
   31  TORING SYSTEM OR OTHER CREDIBLE EVIDENCE.
   32    2. A CERTIFICATE, SWORN TO OR AFFIRMED BY  A  TECHNICIAN  =
EMPLOYED  OR
   33  CONTRACTED BY THE CITY, OR A FACSIMILE THEREOF, BASED UPON =
INSPECTION OF
   34  PHOTOGRAPHS,  MICROPHOTOGRAPHS,  VIDEOTAPE,  DIGITAL  RECORDING =
OR OTHER
   35  RECORDED IMAGES PRODUCED BY A PHOTO-MONITORING  SYSTEM  SHALL  BE =
 PRIMA
   36  FACIE  EVIDENCE  OF THE FACTS CONTAINED THEREIN. ANY PHOTOGRAPHS, =
MICRO-
   37  PHOTOGRAPHS, VIDEOTAPE,  DIGITAL  RECORDING  OR  OTHER  RECORDED  =
IMAGES
   38  EVIDENCING  SUCH  A  VIOLATION  SHALL BE AVAILABLE FOR INSPECTION =
IN ANY
   39  PROCEEDING TO ADJUDICATE THE LIABILITY FOR SUCH  VIOLATION  =
PURSUANT  TO
   40  THIS SECTION.
   41    3.  NOTWITHSTANDING  ANY OTHER PROVISION OF LAW, AN OWNER =
LIABLE FOR A
   42  VIOLATION AS DESCRIBED IN SUBDIVISION SEVEN OF SECTION SEVENTEEN =
HUNDRED
   43  FOUR OF THIS ARTICLE SHALL BE LIABLE FOR MONETARY PENALTIES  IN  =
ACCORD-
   44  ANCE  WITH  A  SCHEDULE  OF FINES AND PENALTIES TO BE PROMULGATED =
BY THE
   45  DEPARTMENT OF FINANCE; PROVIDED, HOWEVER, THAT SUCH FINES AND  =
PENALTIES
   46  SHALL  NOT  EXCEED ONE HUNDRED FIFTEEN DOLLARS; PROVIDED FURTHER =
THAT AN
   47  OWNER  SHALL  BE  LIABLE  FOR  AN  ADDITIONAL  PENALTY  NOT  TO   =
EXCEED
   48  TWENTY-FIVE  DOLLARS  FOR EACH VIOLATION FOR THE FAILURE TO =
RESPOND TO A
   49  NOTICE OF LIABILITY WITHIN THE PRESCRIBED TIME PERIOD. THE =
DEPARTMENT OF
   50  FINANCE OR THE PARKING  VIOLATIONS  BUREAU  SHALL  ADJUDICATE  =
LIABILITY
   51  IMPOSED BY THIS SECTION.
   52    4.  AN IMPOSITION OF LIABILITY PURSUANT TO THIS SECTION OR =
PURSUANT TO
   53  SUBDIVISION SIX OF SECTION SEVENTEEN HUNDRED FOUR OF THIS ARTICLE =
 SHALL
   54  NOT  BE DEEMED A CONVICTION AS AN OPERATOR AND SHALL NOT BE MADE =
PART OF
   55  THE OPERATING RECORD OF THE PERSON UPON WHOM SUCH LIABILITY  IS  =
IMPOSED

       S. 7243                             8

    1  NOR  SHALL  IT  BE USED FOR INSURANCE PURPOSES IN THE PROVISION =
OF MOTOR
    2  VEHICLE INSURANCE COVERAGE.
    3    5.  A NOTICE OF LIABILITY FOR A VIOLATION SHALL BE SENT BY =
FIRST CLASS
    4  MAIL TO EACH PERSON ALLEGED TO BE LIABLE AS AN OWNER FOR A =
VIOLATION  AS
    5  DESCRIBED IN SUBDIVISION SEVEN OF SECTION SEVENTEEN HUNDRED FOUR =
OF THIS
    6  ARTICLE.  PERSONAL  SERVICE ON THE OWNER SHALL NOT BE REQUIRED. A =
MANUAL
    7  OR AUTOMATIC RECORD OF MAILING PREPARED IN THE ORDINARY COURSE OF =
 BUSI-
    8  NESS  SHALL  BE PRIMA FACIE EVIDENCE OF THE FACTS CONTAINED =
THEREIN. THE
    9  NOTICE OF LIABILITY FOR A VIOLATION SHALL CONTAIN THE FOLLOWING =
INFORMA-
   10  TION:
   11    (A) THE NAME AND ADDRESS OF THE PERSON ALLEGED  TO  BE  LIABLE  =
AS  AN
   12  OWNER  FOR  A VIOLATION DESCRIBED IN SUBDIVISION SEVEN OF SECTION =
SEVEN-
   13  TEEN HUNDRED FOUR OF THIS ARTICLE;
   14    (B) THE REGISTRATION NUMBER OF THE VEHICLE INVOLVED IN SUCH =
VIOLATION;
   15    (C) THE DATE, TIME, AND LOCATION OR  LOCATIONS  WHERE  SUCH  =
VIOLATION
   16  TOOK PLACE;
   17    (D)  THE IDENTIFICATION NUMBER OF THE PHOTO-MONITORING SYSTEM =
OR OTHER
   18  DOCUMENT LOCATOR NUMBER;
   19    (E) INFORMATION ADVISING THE PERSON CHARGED OF THE MANNER AND =
TIME  IN
   20  WHICH HE OR SHE MAY CONTEST THE LIABILITY ALLEGED IN THE NOTICE; =
AND
   21    (F) A WARNING TO ADVISE THE PERSONS CHARGED THAT FAILURE TO =
CONTEST IN
   22  THE  MANNER AND TIME PROVIDED SHALL BE DEEMED AN ADMISSION OF =
LIABILITY,
   23  MAY SUBJECT THE PERSON TO ADDITIONAL PENALTIES, AND THAT A =
DEFAULT JUDG-
   24  MENT MAY BE ISSUED THEREON.
   25    6. IF THE EVIDENCE OF THE VIOLATION IS DERIVED FROM AN OFFICIAL =
SOURCE
   26  OTHER THAN THE PHOTO-MONITORING SYSTEM, SUCH AS FROM AN EMPLOYEE =
OF  THE
   27  POLICE  DEPARTMENT  OF  THE  CITY  OF NEW YORK, THE NOTICE SHALL =
CONTAIN
   28  SUFFICIENT INFORMATION DETAILING THE NAME AND TITLE OF THE CITY =
EMPLOYEE
   29  WHO OBSERVED THE VIOLATION IN ADDITION TO THE INFORMATION  =
DESCRIBED  IN
   30  SUBDIVISION FIVE OF THIS SECTION.
   31    7. IF AN OWNER RECEIVES A NOTICE OF LIABILITY PURSUANT TO THIS =
SECTION
   32  FOR  ANY TIME PERIOD DURING WHICH THE VEHICLE WAS REPORTED TO THE =
POLICE
   33  DEPARTMENT AS HAVING BEEN STOLEN, IT SHALL BE  A  VALID  DEFENSE  =
TO  AN
   34  ALLEGATION  OF  LIABILITY  FOR  A  VIOLATION AS DESCRIBED IN =
SUBDIVISION
   35  SEVEN OF SECTION SEVENTEEN HUNDRED FOUR OF THIS ARTICLE THAT THE =
VEHICLE
   36  HAD BEEN REPORTED TO THE POLICE AS STOLEN AND HAD NOT BEEN =
RECOVERED  BY
   37  THE  TIME  THE VIOLATION OCCURRED. FOR PURPOSES OF ASSERTING THE =
DEFENSE
   38  PROVIDED BY THIS SUBDIVISION IT SHALL BE  SUFFICIENT  THAT  A  =
CERTIFIED
   39  COPY  OF  THE POLICE REPORT ON THE STOLEN VEHICLE BE SENT BY =
FIRST CLASS
   40  MAIL TO THE DEPARTMENT OF FINANCE OR PARKING VIOLATIONS BUREAU.
   41    8. (A) AN OWNER WHO IS A LESSOR OF A VEHICLE  TO  WHICH  A  =
NOTICE  OF
   42  LIABILITY  WAS ISSUED PURSUANT TO SUBDIVISION FIVE OF THIS =
SECTION SHALL
   43  NOT BE LIABLE FOR THE VIOLATION AS DESCRIBED  IN  SUBDIVISION  =
SEVEN  OF
   44  SECTION SEVENTEEN HUNDRED FOUR OF THIS ARTICLE PROVIDED THAT:
   45    (I) PRIOR TO THE VIOLATION THE LESSOR HAS FILED WITH THE =
DEPARTMENT OF
   46  FINANCE  OR  THE  PARKING VIOLATIONS BUREAU AND PAID THE REQUIRED =
FILING
   47  FEE IN ACCORDANCE WITH THE PROVISIONS OF SECTION TWO HUNDRED =
THIRTY-NINE
   48  OF THE VEHICLE AND TRAFFIC LAW; AND
   49    (II) WITHIN THIRTY-SEVEN DAYS AFTER RECEIVING NOTICE FROM THE  =
DEPART-
   50  MENT OF FINANCE OR THE PARKING VIOLATIONS BUREAU OF THE DATE AND =
TIME OF
   51  A  LIABILITY,  TOGETHER  WITH  THE  OTHER  INFORMATION  CONTAINED =
IN THE
   52  ORIGINAL NOTICE OF LIABILITY, THE LESSOR SUBMITS TO  THE  =
DEPARTMENT  OF
   53  FINANCE OR THE PARKING VIOLATIONS BUREAU THE CORRECT NAME AND =
ADDRESS OF
   54  THE  LESSEE  OF THE VEHICLE IDENTIFIED IN THE NOTICE OF LIABILITY =
AT THE
   55  TIME OF SUCH VIOLATION, TOGETHER WITH SUCH OTHER ADDITIONAL  =
INFORMATION
   56  CONTAINED  IN  THE  RENTAL  LEASE  OR OTHER CONTRACT DOCUMENT, AS =
MAY BE

       S. 7243                             9

    1  REASONABLY  REQUIRED  BY  THE  DEPARTMENT  OF  FINANCE  OR  THE  =
PARKING
    2  VIOLATIONS  BUREAU  PURSUANT  TO REGULATIONS THAT MAY BE =
PROMULGATED FOR
    3  SUCH PURPOSE.
    4    (B)  FAILURE TO COMPLY WITH SUBPARAGRAPH (II) OF PARAGRAPH (A) =
OF THIS
    5  SUBDIVISION SHALL RENDER THE OWNER LIABLE FOR THE PENALTY =
PRESCRIBED  IN
    6  THIS SECTION.
    7    (C) WHERE THE LESSOR COMPLIES WITH THE PROVISIONS OF THIS =
SUBDIVISION,
    8  THE LESSEE OF SUCH VEHICLE ON THE DATE OF SUCH VIOLATION SHALL BE =
DEEMED
    9  TO  BE  THE OWNER OF SUCH VEHICLE FOR PURPOSES OF THIS ARTICLE, =
SHALL BE
   10  SUBJECT TO LIABILITY PURSUANT TO SUBDIVISION SEVEN OF SECTION  =
SEVENTEEN
   11  HUNDRED  FOUR  OF  THIS  ARTICLE AND SHALL BE SENT A NOTICE OF =
LIABILITY
   12  PURSUANT TO SUBDIVISION FIVE OF THIS SECTION.
   13    9. IF THE OWNER LIABLE FOR A VIOLATION  AS  DESCRIBED  IN  =
SUBDIVISION
   14  SEVEN  OF  SECTION  SEVENTEEN  HUNDRED  FOUR OF THIS ARTICLE WAS =
NOT THE
   15  OPERATOR OF THE VEHICLE AT THE TIME OF  THE  VIOLATION,  THE  =
OWNER  MAY
   16  MAINTAIN AN ACTION FOR INDEMNIFICATION AGAINST THE OPERATOR.
   17    10. NOTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION, NO =
OWNER OF A
   18  VEHICLE  SHALL  BE SUBJECT TO A PENALTY IMPOSED PURSUANT TO THIS =
SECTION
   19  IF THE OPERATOR OF SUCH VEHICLE WAS OPERATING SUCH VEHICLE  =
WITHOUT  THE
   20  CONSENT  OF  THE  OWNER,  EXPRESS  OR IMPLIED, AT THE TIME SUCH =
OPERATOR
   21  COMMITTED A VIOLATION AS  DESCRIBED  IN  SUBDIVISION  SEVEN  OF  =
SECTION
   22  SEVENTEEN  HUNDRED FOUR OF THIS ARTICLE. FOR THE PURPOSES OF THIS =
SUBDI-
   23  VISION, THERE SHALL BE A PRESUMPTION THAT THE OPERATOR OF  SUCH  =
VEHICLE
   24  WAS  OPERATING  SUCH  VEHICLE  WITH THE CONSENT OF THE OWNER AT =
THE TIME
   25  SUCH OPERATOR COMMITTED A VIOLATION AS DESCRIBED IN SUBDIVISION =
SEVEN OF
   26  SECTION SEVENTEEN HUNDRED FOUR OF THIS ARTICLE.
   27    11. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO LIMIT THE  =
LIABILITY
   28  OF  AN  OPERATOR  OF  A  VEHICLE FOR ANY VIOLATION OF SUBDIVISION =
SIX OF
   29  SECTION SEVENTEEN HUNDRED FOUR OF THIS ARTICLE.
   30    S 1708. DISPOSITION OF REVENUE AND PENALTIES.  1. ALL =
CONGESTION PRIC-
   31  ING FEES COLLECTED BY THE CITY, AS AGENT FOR THE METROPOLITAN  =
TRANSPOR-
   32  TATION  AUTHORITY PURSUANT TO THE AGREEMENT WITH THE METROPOLITAN =
TRANS-
   33  PORTATION AUTHORITY PROVIDED IN SECTION SEVENTEEN HUNDRED  SIX  =
OF  THIS
   34  ARTICLE,  SHALL  AT ALL TIMES BE THE PROPERTY OF THE METROPOLITAN =
TRANS-
   35  PORTATION AUTHORITY AND SHALL BE PAID TO THE  TRAFFIC  CONGESTION =
 MITI-
   36  GATION FUND OF THE METROPOLITAN TRANSPORTATION AUTHORITY.
   37    2.  NOTWITHSTANDING  ANY LAW TO THE CONTRARY, ALL CHARGES =
COLLECTED BY
   38  THE DEPARTMENT OF TRANSPORTATION OF THE CITY OF NEW YORK AS =
DESCRIBED IN
   39  SUBDIVISION SIX OF SECTION SEVENTEEN HUNDRED FOUR  OF  THIS  =
ARTICLE  OR
   40  FINES  AND PENALTIES COLLECTED BY THE DEPARTMENT OF FINANCE OR =
THE PARK-
   41  ING VIOLATIONS BUREAU FOR A VIOLATION AS DESCRIBED IN SUBDIVISION =
 SEVEN
   42  OF  SECTION  SEVENTEEN  HUNDRED  FOUR  OF  THIS  ARTICLE PURSUANT =
TO THE
   43  PROVISIONS OF SECTION SEVENTEEN HUNDRED SEVEN OF THIS ARTICLE =
SHALL  ALL
   44  AT  TIMES  BE  THE PROPERTY OF THE METROPOLITAN TRANSPORTATION =
AUTHORITY
   45  AND SHALL BE PAID TO THE  TRAFFIC  CONGESTION  MITIGATION  FUND  =
OF  THE
   46  METROPOLITAN  TRANSPORTATION  AUTHORITY;  PROVIDED,  HOWEVER,  =
THAT  THE
   47  METROPOLITAN TRANSPORTATION AUTHORITY SHALL REIMBURSE THE =
DEPARTMENT  OF
   48  TRANSPORTATION  OF  THE  CITY  OF  NEW  YORK  FOR THE COSTS OF =
RESOLVING
   49  DISPUTES OVER CHARGES DESCRIBED IN SUBDIVISION SIX OF SECTION  =
SEVENTEEN
   50  HUNDRED  FOUR OF THIS ARTICLE AND REIMBURSE THE DEPARTMENT OF =
FINANCE OR
   51  THE PARKING VIOLATIONS BUREAU FOR THE COSTS OF ADJUDICATION AS  =
PROVIDED
   52  IN  THE  AGREEMENT BETWEEN THE METROPOLITAN TRANSPORTATION =
AUTHORITY AND
   53  THE CITY DESCRIBED IN SECTION SEVENTEEN HUNDRED SIX OF THIS =
ARTICLE.
   54    S 1709. ENVIRONMENTAL STUDY AND  MITIGATION.  THE  LEGISLATURE  =
HEREBY
   55  DECLARES  THAT  THE CONGESTION PRICING PROGRAM DESCRIBED IN THIS =
ARTICLE
   56  IS DESIGNED TO IMPROVE THE ENVIRONMENT, INCLUDING AIR QUALITY, =
AND MITI-

       S. 7243                            10

    1  GATE TRAFFIC IN THE STATE. NOTWITHSTANDING ANY OTHER PROVISIONS =
IN  THIS
    2  SECTION OR ANY OTHER PROVISION OF LAW OR ANYTHING IN THIS SECTION =
TO THE
    3  CONTRARY, THE ENVIRONMENTAL REVIEW PROCESS SHALL BE STRUCTURED TO =
ENABLE
    4  THE  CITY  TO MEET THE DEADLINE OF MARCH THIRTY-FIRST, TWO =
THOUSAND NINE
    5  ESTABLISHED IN THE URBAN  PARTNERSHIP  AGREEMENT  EXECUTED  =
BETWEEN  THE
    6  UNITED  STATES  DEPARTMENT  OF TRANSPORTATION AND THE STATE, THE =
CITY OF
    7  NEW YORK, AND THE AUTHORITY.
    8    1. THE FOURTEEN PUBLIC HEARINGS HELD BY  THE  NEW  YORK  CITY  =
TRAFFIC
    9  CONGESTION  MITIGATION  COMMISSION  SHALL  SERVE  AS  THE INITIAL =
PUBLIC
   10  COMMENT PHASE FOR THE ENVIRONMENTAL REVIEW PROCESS. THE  INTERIM  =
REPORT
   11  TO  SUCH COMMISSION OF JANUARY TENTH, TWO THOUSAND EIGHT, SHALL =
SERVE AS
   12  THE ALTERNATIVE ANALYSIS FOR THE ENVIRONMENTAL REVIEW PROCESS.
   13    2. THE CONGESTION PRICING PROGRAM  DESCRIBED  IN  THIS  ARTICLE =
 SHALL
   14  SERVE AS THE PREFERRED ALTERNATIVE FOR THE ENVIRONMENTAL REVIEW =
PROCESS.
   15    3.  THE  CITY  SHALL  HOLD  PUBLIC HEARINGS TO SOLICIT COMMENTS =
ON THE
   16  SCOPE OF  THE  ENVIRONMENTAL  REVIEW,  POTENTIALLY  SIGNIFICANT  =
ADVERSE
   17  IMPACTS OF THE PROJECT AND MITIGATION MEASURES TO ADDRESS THOSE =
IMPACTS,
   18  IF  ANY.    THE  CITY  SHALL  RELEASE A SCOPING DOCUMENT =
IDENTIFYING ANY
   19  POTENTIALLY SIGNIFICANT ADVERSE IMPACTS, IF ANY,  FOR  FURTHER  =
ANALYSIS
   20  AND REVIEW.
   21    4. TO THE EXTENT ANY POTENTIALLY SIGNIFICANT ADVERSE IMPACTS =
ARE IDEN-
   22  TIFIED,  THE  CITY  SHALL  CONDUCT  AN ANALYSIS OF SUCH IMPACTS, =
DEVELOP
   23  POSSIBLE MITIGATION MEASURES, AND OUTLINE A DETAILED MONITORING =
PLAN FOR
   24  EACH POTENTIAL IMPACT.
   25    5. THE CITY SHALL  RELEASE  A  DRAFT  ENVIRONMENTAL  IMPACT  =
STATEMENT
   26  SUMMARIZING  THE  POTENTIALLY  SIGNIFICANT ADVERSE ENVIRONMENTAL =
IMPACTS
   27  AND THE POSSIBLE MITIGATION MEASURES AND MONITORING PLAN. THE =
CITY SHALL
   28  RELEASE THE DRAFT ENVIRONMENTAL IMPACT STATEMENT AND HOLD A =
PUBLIC HEAR-
   29  ING ON THE STATEMENT PRIOR TO THE OPERATION DATE.
   30    6. THE CITY, AFTER INCORPORATING  PUBLIC  COMMENTS,  SHALL  =
RELEASE  A
   31  FINAL  ENVIRONMENTAL  IMPACT  STATEMENT PRIOR TO THE OPERATION =
DATE. THE
   32  CITY, WITHIN TEN DAYS AFTER THE PUBLIC RELEASE  OF  THE  FINAL  =
ENVIRON-
   33  MENTAL  IMPACT  STATEMENT,  SHALL RELEASE A FINDINGS STATEMENT =
REGARDING
   34  THE CITY`S DECISION ON AN  APPROPRIATE  MONITORING  PLAN  AND  =
POTENTIAL
   35  MITIGATION MEASURES.
   36    7.  THE  CITY SHALL ESTABLISH AND IMPLEMENT A MONITORING =
PROGRAM PRIOR
   37  TO THE OPERATION DATE TO MONITOR THE TRAFFIC, AIR QUALITY, NOISE, =
 PARK-
   38  ING  AND  OTHER  ENVIRONMENTAL IMPACTS OF THE CONGESTION PRICING =
PROGRAM
   39  AND RELEASE ANNUAL REPORTS ON THESE  IMPACTS.  THE  CITY  SHALL  =
MAKE  A
   40  PRELIMINARY  REPORT ON SUCH IMPACTS WITHIN SIX MONTHS FROM THE =
OPERATION
   41  DATE AND MAKE SUCH REPORT AVAILABLE TO THE PUBLIC ON THE =
INTERNET.
   42    8. THE  CITY  SHALL  IMPLEMENT  MITIGATION  MEASURES  FOR  =
SIGNIFICANT
   43  ADVERSE  IMPACTS, IF ANY, IDENTIFIED BY THE MONITORING PROGRAM =
AND SHALL
   44  SOLICIT PUBLIC COMMENT ON PROPOSED  MITIGATION  PLANS.  THE  CITY =
 SHALL
   45  INITIATE  MITIGATION  PLANS,  IF  NECESSARY,  WITHIN SIX MONTHS =
FROM THE
   46  OPERATION DATE. THE CITY SHALL ALSO IDENTIFY, IF ANY, =
NEIGHBORHOOD PARK-
   47  ING IMPACTS. MITIGATION MEASURES THAT THE CITY SHALL CONSIDER IF  =
NEIGH-
   48  BORHOOD  PARKING IMPACTS ARE IDENTIFIED INCLUDE, BUT ARE NOT =
NECESSARILY
   49  LIMITED TO, TRAFFIC IMPROVEMENTS, EXPANDED USE OF  MUNI-METERS,  =
CHANGES
   50  TO PARKING REGULATIONS AND A RESIDENTIAL PARKING PERMIT PROGRAM.
   51    9.  THE  CITY  SHALL  COMPLETE  THE COMMUNITY PLANNING PROCESS =
ALREADY
   52  UNDERWAY WITH RESPECT TO A CITYWIDE PARKING  POLICY  AND  A  =
RESIDENTIAL
   53  PARKING  PERMIT  PROGRAM  PRIOR  TO  THE  OPERATION DATE. THE =
CITY SHALL
   54  ENSURE THAT NEIGHBORHOODS ADJACENT TO THE CONGESTION  PRICING  =
ZONE  ARE
   55  PROVIDED  AN  OPPORTUNITY  TO  OPT  INTO  THE RESIDENTIAL PARKING =
PERMIT

       S. 7243                            11

    1  PROGRAM, AS PROVIDED IN SECTION SIXTEEN HUNDRED FORTY-M OF  THIS  =
TITLE,
    2  PRIOR TO THE OPERATION DATE.
    3    10. THE AUTHORITY SHALL PROVIDE FOR TRANSIT PROJECTS DESIGNED =
TO MITI-
    4  GATE  PROJECTED IMMEDIATE EFFECTS ON RIDERSHIP OCCASIONED BY THE =
IMPOSI-
    5  TION OF CONGESTION PRICING FEES PRIOR TO THE OPERATION DATE.
    6    S 1710. RULEMAKING AUTHORITY. ANY AGENCIES OF THE CITY, =
INCLUDING  THE
    7  DEPARTMENT  OF TRANSPORTATION, THE DEPARTMENT OF FINANCE AND THE =
PARKING
    8  VIOLATIONS BUREAU, ARE EMPOWERED AND AUTHORIZED TO PROMULGATE ANY =
 REGU-
    9  LATIONS  NECESSARY OR IN AID OF THEIR POWERS AND DUTIES PURSUANT =
TO THIS
   10  ARTICLE.
   11    S 2. The public authorities law is amended by  adding  a  new  =
section
   12  1270-g to read as follows:
   13    S  1270-G. TRAFFIC CONGESTION MITIGATION FUND.  1. THE =
AUTHORITY SHALL
   14  ESTABLISH A FUND TO BE KNOWN AS THE "TRAFFIC CONGESTION =
MITIGATION FUND"
   15  WHICH SHALL BE KEPT SEPARATE FROM AND SHALL NOT BE COMMINGLED  =
WITH  ANY
   16  OTHER MONEYS OF THE AUTHORITY. THE FUND SHALL CONSIST OF ALL =
MONEYS PAID
   17  TO   THE  AUTHORITY  BY  THE  CITY  OF  NEW  YORK  PURSUANT  TO  =
ARTICLE
   18  FORTY-FOUR-B OF THE VEHICLE AND TRAFFIC LAW.
   19    2. MONEYS IN THE FUND SHALL FIRST BE PAID:
   20    (A) TO THE CITY OF NEW YORK TO REIMBURSE THE CITY OF NEW YORK =
FOR  THE
   21  COSTS  OF  OPERATING  THE  CONGESTION PRICING PROGRAM AND THE =
CONGESTION
   22  PRICING FEE COLLECTION PROGRAM DESCRIBED IN ARTICLE FORTY-FOUR-B =
OF  THE
   23  VEHICLE AND TRAFFIC LAW.
   24    (B)  PURSUANT  TO  AN  AGREEMENT  BETWEEN THE CITY OF NEW YORK =
AND THE
   25  AUTHORITY AS PROVIDED IN SECTION SEVENTEEN HUNDRED SIX  OF  THE  =
VEHICLE
   26  AND  TRAFFIC LAW, TO THE CITY OF NEW YORK AND THE AUTHORITY TO =
REIMBURSE
   27  THE CITY OF NEW YORK AND THE AUTHORITY FOR ANY EXPENDITURES MADE =
BY  THE
   28  CITY  AND  THE  AUTHORITY,  AS  APPLICABLE: (I) FOR THE INITIAL =
COSTS OF
   29  DESIGNING, PLANNING, CONSTRUCTING AND BUILDING  THE  CONGESTION  =
PRICING
   30  PROGRAM  AND  THE ELECTRONIC OR OTHER FEE COLLECTION SYSTEM =
DESCRIBED IN
   31  ARTICLE FORTY-FOUR-B OF THE VEHICLE AND TRAFFIC LAW; (II) FOR THE =
 CAPI-
   32  TAL  COSTS OF THE AUTHORITY OF IMPLEMENTING TRANSIT PROJECTS =
DESIGNED TO
   33  MITIGATE PROJECTED IMMEDIATE EFFECTS ON RIDERSHIP AS  A  RESULT  =
OF  THE
   34  CONGESTION  PRICING  PROGRAM  DESCRIBED  IN  ARTICLE FORTY-FOUR-B =
OF THE
   35  VEHICLE AND TRAFFIC  LAW  THAT  HAVE  NOT  BEEN  SATISFIED  FROM  =
MONEYS
   36  RECEIVED  FROM  AN URBAN PARTNERSHIP AGREEMENT BETWEEN THE UNITED =
STATES
   37  DEPARTMENT OF TRANSPORTATION AND THE STATE, THE CITY OF NEW YORK, =
OR THE
   38  AUTHORITY; AND (III) FOR THE INITIAL OPERATING COSTS PRIOR TO =
IMPLEMENT-
   39  ING SUCH TRANSIT PROJECTS AS DESCRIBED  IN  SUBPARAGRAPH  (II)  =
OF  THIS
   40  PARAGRAPH.
   41    3.  SUBJECT TO THE PROVISIONS OF SUBDIVISION FOUR OF THIS =
SECTION, THE
   42  REMAINING MONEYS IN THE FUND AFTER THE PAYMENTS TO THE CITY OF =
NEW  YORK
   43  AND  THE AUTHORITY AS REQUIRED BY SUBDIVISION TWO OF THIS SECTION =
MAY BE
   44  PLEDGED BY THE AUTHORITY TO SECURE AND BE APPLIED TO THE PAYMENT =
OF  ITS
   45  BONDS,  NOTES  OR OTHER OBLIGATIONS SPECIFIED BY THE AUTHORITY OR =
OTHER-
   46  WISE COMMITTED ONLY IN CONNECTION WITH CAPITAL  INVESTMENTS  FOR  =
SYSTEM
   47  IMPROVEMENTS,  EXPANSION  AND  STATE  OF GOOD REPAIR PROJECTS, =
EXCLUDING
   48  NORMAL REPLACEMENT. SUCH PROJECTS MAY INCLUDE, BUT ARE NOT  =
LIMITED  TO,
   49  NEW  BUSES  AND  BUS FACILITIES, BUS RAPID TRANSIT ROUTES, =
PARK-AND-RIDE
   50  FACILITIES, COMMUTER RAIL IMPROVEMENTS AND SUBWAY EXPANSION AND =
REHABIL-
   51  ITATION. CONGESTION PRICING REVENUES SHALL NOT BE  USED  FOR  ANY =
 OTHER
   52  PURPOSE.    PRIORITY  IN  THE  DISTRIBUTION OF FUNDING SHALL BE =
GIVEN TO
   53  THOSE AREAS IN NEED OF ADDITIONAL TRANSIT INVESTMENTS.  FUNDS  =
SHALL  BE
   54  USED  FOR  BOTH NEW CAPITAL EXPENDITURES AND FOR DEBT SERVICE =
ASSOCIATED
   55  WITH THOSE EXPENDITURES.

       S. 7243                            12

    1    4. THE USE OF CONGESTION PRICING REVENUES FOR TRANSIT CAPITAL =
EXPENDI-
    2  TURES SHALL BE SUBJECT TO APPROVAL BY THE  AUTHORITY`S  CAPITAL  =
PROGRAM
    3  REVIEW  BOARD,  AS PROVIDED BY LAW. PROVIDED, HOWEVER, THAT ONLY =
FOR THE
    4  APPROVAL OF THE PLAN SUBMITTED BY MARCH THIRTY-FIRST, TWO =
THOUSAND EIGHT
    5  BY  THE  AUTHORITY  FOR THIS FUND ONLY, A REPRESENTATIVE OF THE =
NEW YORK
    6  CITY COUNCIL SPEAKER SHALL BE PROVIDED WITH THE SAME RIGHTS  AND  =
PRIVI-
    7  LEGES  OF THE BOARD MEMBERS APPOINTED BY THE GOVERNOR UPON THE =
RECOMMEN-
    8  DATION OF THE MINORITY LEADER OF THE SENATE AND THE MINORITY  =
LEADER  OF
    9  THE ASSEMBLY.  THE FUNDS IN THE TRAFFIC CONGESTION MITIGATION =
FUND SHALL
   10  NOT  BE  USED  TO OFFSET ANY FUNDING OBLIGATIONS TO THE AUTHORITY =
BY ANY
   11  GOVERNMENTAL ENTITY. FOR CAPITAL EXPENSES DERIVED FROM  THIS  =
FUND,  THE
   12  AUTHORITY  SHALL  FOLLOW ALL LEGALLY APPLICABLE PREVAILING WAGE =
LAWS. IN
   13  ADDITION, THE AUTHORITY SHALL CONTINUE TO BE RESPONSIVE TO LOCAL =
GOVERN-
   14  MENT AND COMMUNITY CONCERNS  AND  TO  CONDUCT  ALL  PUBLIC  =
HEARINGS  AS
   15  PROVIDED IN LAW.
   16    5.  THE  AUTHORITY  SHALL REPORT ANNUALLY ON ALL RECEIPTS AND =
EXPENDI-
   17  TURES OF THE FUNDS, INCLUDING TAXI SURCHARGE REVENUES. THE REPORT =
 SHALL
   18  DETAIL  OPERATING  EXPENSES  OF  THE PROGRAM, ENHANCEMENT PLANS, =
AND ALL
   19  FUND EXPENDITURES. THE REPORT AND ALL CAPITAL PLAN  AMENDMENTS  =
RELATING
   20  TO THE FUND SHALL BE READILY AVAILABLE TO THE PUBLIC, AND SHALL =
BE POST-
   21  ED  ON  THE  AUTHORITY`S WEBSITE AND BE SUBMITTED TO THE =
GOVERNOR, STATE
   22  LEGISLATURE, THE MAYOR AND COUNCIL OF THE CITY  OF  NEW  YORK,  =
AND  THE
   23  AUTHORITY`S CAPITAL PROGRAM REVIEW BOARD.
   24    S  3.  The  vehicle and traffic law is amended by adding a new =
section
   25  1640-m to read as follows:
   26    S 1640-M. RESIDENTIAL PARKING PERMIT SYSTEM IN THE CITY OF  NEW =
 YORK.
   27  1.  NOTWITHSTANDING  THE  PROVISIONS  OF  ANY  LAW  TO THE =
CONTRARY, THE
   28  DEPARTMENT OF TRANSPORTATION OF THE CITY OF NEW YORK  IS  =
AUTHORIZED  TO
   29  PROMULGATE  RULES  TO PROVIDE FOR A RESIDENTIAL PARKING PERMIT =
SYSTEM IN
   30  THE CITY OF NEW YORK IN ACCORDANCE WITH THE PROVISIONS OF THIS =
SECTION.
   31    2. THE RESIDENTIAL PARKING PERMIT SYSTEM SHALL PROVIDE FOR THE  =
ESTAB-
   32  LISHMENT  OF  PERMIT-ONLY  PARKING  ZONES.  IT SHALL FURTHER =
PROVIDE FOR
   33  PERIODS OF AT LEAST NINETY MINUTES EACH WEEKDAY DURING WHICH ONLY =
 RESI-
   34  DENTS  WHO  HAVE  OBTAINED  AN ANNUAL PERMIT FOR CURBSIDE PARKING =
IN ANY
   35  PERMIT-ONLY PARKING ZONE SHALL BE PERMITTED TO PARK  THEIR  =
VEHICLES  IN
   36  SUCH  PERMIT-ONLY PARKING ZONE. DURING SUCH PERIODS, =
APPROXIMATELY FIFTY
   37  PERCENT OF THE TOTAL BLOCK FACE AREA IN ANY PERMIT-ONLY PARKING =
ZONE MAY
   38  BE ALLOCATED FOR PARKING BY RESIDENTS WITH ANNUAL PERMITS.  =
RESIDENTS IN
   39  PERMIT-ONLY PARKING ZONES MAY  OBTAIN  ANNUAL  PERMITS  FOR  =
RESIDENTIAL
   40  PARKING  BY  PROVIDING  PROOF TO THE DEPARTMENT OF TRANSPORTATION =
OF THE
   41  CITY OF NEW YORK OF VEHICLE  REGISTRATION  AT  A  RESIDENCE  =
WITHIN  THE
   42  PARTICULAR PERMIT-ONLY PARKING ZONE. SUCH DEPARTMENT SHALL CHARGE =
NO FEE
   43  TO  RESIDENTS  FOR APPLYING FOR AND USING ANNUAL PERMITS FOR =
RESIDENTIAL
   44  PARKING IN PERMIT-ONLY PARKING ZONES.
   45    3. PROCEDURES FOR ESTABLISHING A PERMIT-ONLY PARKING ZONE SHALL =
BE  AS
   46  FOLLOWS:  (A) ANY PERSON MAY SUBMIT A WRITTEN REQUEST FOR THE =
ESTABLISH-
   47  MENT OF A PERMIT-ONLY PARKING ZONE TO THE COMMUNITY BOARD, USING =
A STAN-
   48  DARD REQUEST FORM PROVIDED BY THE DEPARTMENT OF  TRANSPORTATION  =
OF  THE
   49  CITY  OF  NEW  YORK.  SUCH FORM SHALL ALLOW FOR THE ADDITION OF =
PETITION
   50  SIGNATURES IN SUPPORT OF THE REQUEST AND SHALL REQUIRE THAT  =
PETITIONERS
   51  IDENTIFY  THE  NEED FOR AND THE PROPOSED AREA OF THE PERMIT-ONLY =
PARKING
   52  ZONE.
   53    (B) THE COMMUNITY BOARD RECEIVING A REQUEST FOR THE =
ESTABLISHMENT OF A
   54  PERMIT-ONLY PARKING ZONE MAY HOLD A  PUBLIC  MEETING  DURING  =
WHICH  THE
   55  REQUEST MAY BE CONSIDERED. THE COMMUNITY BOARD MAY ADJUST THE =
REQUEST TO
   56  MEET  COMMUNITY  NEEDS  AND  TO COMPLY WITH ANY RULES PROMULGATED =
BY THE

       S. 7243                            13

    1  DEPARTMENT OF TRANSPORTATION OF THE CITY  OF  NEW  YORK.  THE  =
COMMUNITY
    2  BOARD  SHALL NOT APPROVE A REQUEST FOR A PERMIT-ONLY PARKING ZONE =
UNLESS
    3  IT HAS HELD A PUBLIC MEETING ON THE REQUEST.
    4    (C)  IF  THE  COMMUNITY BOARD APPROVES THE REQUEST, IT SHALL  =
SUBMIT A
    5  PROPOSAL TO THE CITY COUNCILMEMBER OR COUNCILMEMBERS IN WHOSE   =
DISTRICT
    6  OR  DISTRICTS THE PERMIT-ONLY PARKING ZONE HAS BEEN PROPOSED  FOR =
REVIEW
    7  AND APPROVAL.
    8    (D) PROPOSALS FOR PERMIT-ONLY PARKING ZONES APPROVED BY  THE  =
RELEVANT
    9  CITY  COUNCILMEMBER  OR COUNCILMEMBERS SHALL BE SUBMITTED TO THE =
DEPART-
   10  MENT OF TRANSPORTATION OF THE CITY OF NEW YORK FOR REVIEW  AND  =
APPROVAL
   11  BASED  ON  CRITERIA  THAT SHALL INCLUDE THE RESIDENTIAL NATURE, =
SIZE AND
   12  GEOGRAPHIC INTEGRITY OF THE ZONE, THE  DEGREE  OF  SURVEYED  =
DEMAND  FOR
   13  ON-STREET  PARKING  AND  THE PRESENCE OF DESTINATIONS GENERATING =
SIGNIF-
   14  ICANT DEMAND FOR ON-STREET PARKING.
   15    (E) PROPOSALS FOR PERMIT-ONLY PARKING ZONES APPROVED BY THE =
DEPARTMENT
   16  OF TRANSPORTATION OF THE CITY OF NEW YORK  SHALL  BE  SUBMITTED  =
TO  THE
   17  BOROUGH  PRESIDENT FOR FINAL APPROVAL. NO PERMIT-ONLY PARKING =
ZONE SHALL
   18  BE ESTABLISHED ABSENT FINAL APPROVAL BY THE BOROUGH PRESIDENT.
   19    4. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, FEES COLLECTED =
PURSUANT
   20  TO REGULATIONS AUTHORIZED BY THIS SECTION SHALL BE CREDITED TO =
THE TRAN-
   21  SIT ENHANCEMENT FUND OF THE CITY OF NEW YORK, AS  ESTABLISHED  BY =
 PARA-
   22  GRAPH  FOUR OF SUBDIVISION D OF SECTION TWENTY-NINE HUNDRED THREE =
OF THE
   23  NEW YORK CITY CHARTER.
   24    S 4. The opening paragraph  of  paragraph  1  of  subdivision  =
(a)  of
   25  section  1212-A of the tax law, as amended by chapter 196 of the =
laws of
   26  1995, is amended to read as follows:
   27    a tax on receipts from every sale of the service of providing =
parking,
   28  garaging or storing for motor vehicles by  persons  operating  a  =
garage
   29  (other  than  a  garage  which  is part of premises occupied =
solely as a
   30  private one or two family dwelling), parking lot or other place =
of busi-
   31  ness engaged in providing parking, garaging or storing for  motor =
 vehi-
   32  cles, in any county within such city with a population density in =
excess
   33  of  fifty  thousand  persons  per  square mile, at the rate of =
eight per
   34  centum, on receipts from every sale of such  services,  except  =
receipts
   35  from  the  sale  of such services, OTHER THAN THOSE SERVICES =
PROVIDED AT
   36  LOCATIONS WHOLLY WITHIN THE GEOGRAPHIC AREA OF  THE  CONGESTION  =
PRICING
   37  ZONE  AS  SUCH  TERM IS DESCRIBED IN ARTICLE FORTY-FOUR-B OF THE =
VEHICLE
   38  AND TRAFFIC LAW, to an individual resident  of  such  county  =
when  such
   39  services are rendered on a monthly or longer-term basis at the =
principal
   40  location  for  the parking, garaging or storing of a motor =
vehicle owned
   41  or leased (but only in the case of a lease for a term  of  one  =
year  or
   42  more)  by  such individual resident. The population of a county =
shall be
   43  determined by reference to the latest federal census.
   44    S 5. Subdivision (c) of section 1261 of the  tax  law  is  =
amended  by
   45  adding a new paragraph 5-a to read as follows:
   46    (5-A)  HOWEVER,  BEGINNING ON SEPTEMBER FIRST, TWO THOUSAND =
EIGHT, THE
   47  COMMISSIONER OR THE COMMISSIONER`S DELEGATE SHALL CERTIFY TO  THE =
 COMP-
   48  TROLLER  THE  NET  COLLECTIONS FROM THE ADDITIONAL RATE OF TAX =
WHICH THE
   49  CITY OF NEW YORK IS AUTHORIZED TO IMPOSE PURSUANT TO  PARAGRAPH  =
ONE  OF
   50  SUBDIVISION  (A) OF SECTION TWELVE HUNDRED TWELVE-A OF THIS =
ARTICLE. THE
   51  COMMISSIONER OR THE COMMISSIONER`S DELEGATE SHALL NOT BE HELD =
LIABLE FOR
   52  ANY INACCURACY IN SUCH CERTIFICATE.  PROVIDED,  THAT  ANY  =
CERTIFICATION
   53  MADE  BY THE COMMISSIONER OR THE COMMISSIONER`S DELEGATE MAY BE =
BASED ON
   54  SUCH INFORMATION AS MAY BE AVAILABLE TO THE  COMMISSIONER  AT  =
THE  TIME
   55  SUCH  CERTIFICATE MUST BE MADE UNDER THIS PARAGRAPH, MAY BE =
ESTIMATED ON
   56  THE BASIS OF PERCENTAGES OR OTHER INDICES CALCULATED FROM  =
DISTRIBUTIONS

       S. 7243                            14

    1  FOR  PRIOR  PERIODS,  AND  SHALL BE SUBJECT TO THE ADJUSTMENT =
PROVISIONS
    2  CONCERNING OVERPAYMENT OR UNDERPAYMENT IN PARAGRAPH SIX OF THIS =
SUBDIVI-
    3  SION. BEGINNING ON SEPTEMBER FIRST, TWO THOUSAND EIGHT, THE  =
COMPTROLLER
    4  SHALL PAY A CERTAIN PERCENTAGE OF THESE NET COLLECTIONS TO THE =
APPROPRI-
    5  ATE  FISCAL  OFFICER  OF  THE CITY OF NEW YORK FOR DEPOSIT INTO =
THE FUND
    6  ESTABLISHED IN PARAGRAPH FOUR OF SUBDIVISION D OF SECTION  TWO  =
THOUSAND
    7  NINE  HUNDRED  THREE  OF  THE  CHARTER  OF THE CITY OF NEW YORK, =
USING A
    8  PERCENTAGE TO BE CERTIFIED BY THE  APPROPRIATE  FISCAL  OFFICER  =
TO  THE
    9  COMPTROLLER  NO  LATER  THAN  AUGUST  FIFTEENTH, TWO THOUSAND =
EIGHT. THE
   10  APPROPRIATE FISCAL OFFICER MAY UPDATE THE PERCENTAGE  AND  =
CERTIFY  THIS
   11  UPDATED  PERCENTAGE TO THE COMPTROLLER ON AN ANNUAL BASIS. SUCH =
PERCENT-
   12  AGE SHALL BE CALCULATED BY THE APPROPRIATE FISCAL OFFICER OF THE =
CITY OF
   13  NEW YORK BASED ON TAXES, PENALTIES  AND  INTEREST  IMPOSED  =
PURSUANT  TO
   14  PARAGRAPH  ONE  OF SUBDIVISION (A) OF SECTION TWELVE HUNDRED =
TWELVE-A OF
   15  THIS ARTICLE IN THE GEOGRAPHIC AREA OF THE CONGESTION  PRICING  =
ZONE  AS
   16  SUCH  TERM IS DESCRIBED IN ARTICLE FORTY-FOUR-B OF THE VEHICLE =
AND TRAF-
   17  FIC LAW AND ON INDIVIDUAL RESIDENTS OF THE BOROUGH OF MANHATTAN.
   18    S 6. Subdivision 1 of section 235 of the vehicle and traffic  =
law,  as
   19  amended  by  chapter  379  of  the  laws  of 1992, is amended to =
read as
   20  follows:
   21    1. Notwithstanding any inconsistent provision of any general,  =
special
   22  or  local  law or administrative code to the contrary, in any =
city which
   23  heretofore or hereafter is authorized  to  establish  an  =
administrative
   24  tribunal to hear and determine complaints of traffic infractions =
consti-
   25  tuting  parking,  standing  or stopping violations, or to =
adjudicate the
   26  liability of owners for violations of subdivision (d) of section  =
eleven
   27  hundred eleven of this chapter in accordance with section eleven =
hundred
   28  eleven-a of this chapter, {or} to adjudicate the liability of =
owners for
   29  violations  of  toll collection regulations as defined in and in =
accord-
   30  ance with the provisions of section two thousand  nine  hundred  =
eighty-
   31  five of the public authorities law and sections sixteen-a, =
sixteen-b and
   32  sixteen-c  of chapter seven hundred seventy-four of the laws of =
nineteen
   33  hundred fifty, OR TO ADJUDICATE THE LIABILITY OF OWNERS  FOR  =
VIOLATIONS
   34  OF  THE CONGESTION PRICING PROGRAM IN THE CITY OF NEW YORK AS =
DEFINED IN
   35  AND IN ACCORDANCE WITH THE PROVISIONS OF ARTICLE  FORTY-FOUR-B  =
OF  THIS
   36  CHAPTER,  such tribunal and the rules and regulations pertaining =
thereto
   37  shall be constituted  in  substantial  conformance  with  the  =
following
   38  sections.
   39    S  7.  Subdivision 1 of section 236 of the vehicle and traffic =
law, as
   40  amended by chapter 379 of the laws  of  1992,  is  amended  to  =
read  as
   41  follows:
   42    1.  Creation. In any city as hereinbefore or hereafter =
authorized such
   43  tribunal when created shall be known as the  parking  violations  =
bureau
   44  and  shall  have  jurisdiction of traffic infractions which =
constitute a
   45  parking violation and, where authorized by local law adopted =
pursuant to
   46  subdivision (a) of section eleven  hundred  eleven-a  of  this  =
chapter,
   47  shall  adjudicate  the liability of owners for violations of =
subdivision
   48  (d) of section eleven hundred eleven of this chapter in =
accordance  with
   49  such section eleven hundred eleven-a, and shall adjudicate the =
liability
   50  of  owners  for  violations of toll collection regulations as =
defined in
   51  and in accordance with the  provisions  of  section  two  =
thousand  nine
   52  hundred   eighty-five   of  the  public  authorities  law  and  =
sections
   53  sixteen-a, sixteen-b and sixteen-c of chapter seven hundred =
seventy-four
   54  of the laws of nineteen hundred fifty, AND SHALL ADJUDICATE THE  =
LIABIL-
   55  ITY  OF  OWNERS  FOR VIOLATIONS OF THE CONGESTION PRICING PROGRAM =
IN THE
   56  CITY OF NEW YORK AS DEFINED IN AND IN ACCORDANCE WITH THE =
PROVISIONS  OF

       S. 7243                            15

    1  ARTICLE  FORTY-FOUR-B  OF THIS CHAPTER.  Such tribunal, except in =
a city
    2  with a population of one million or more, shall also  have  =
jurisdiction
    3  of  abandoned  vehicle violations.   For the purposes of this =
article, a
    4  parking  violation  is  the  violation  of  any  law, rule or =
regulation
    5  providing for or regulating the parking, stopping or standing of =
a vehi-
    6  cle. In addition for purposes of this article, "commissioner" =
shall mean
    7  and include the commissioner of traffic  of  the  city  or  an  =
official
    8  possessing authority as such a commissioner.
    9    S  8. Subdivision 11 of section 237 of the vehicle and traffic =
law, as
   10  added by chapter 379 of the laws of 1992, is amended and a new  =
subdivi-
   11  sion 12 is added to read as follows:
   12    11.  To  adjudicate  the  liability  of  owners for violations =
of toll
   13  collection  regulations  as  defined  in  and  in  accordance  =
with  the
   14  provisions  of  section  two  thousand  nine  hundred eighty-five =
of the
   15  public authorities law and sections sixteen-a, sixteen-b  and  =
sixteen-c
   16  of  chapter  seven  hundred seventy-four of the laws of nineteen =
hundred
   17  fifty{.};
   18    12. TO ADJUDICATE THE  LIABILITY  OF  OWNERS  FOR  VIOLATIONS  =
OF  THE
   19  CONGESTION  PRICING PROGRAM IN THE CITY OF NEW YORK AS DEFINED IN =
AND IN
   20  ACCORDANCE WITH THE PROVISIONS OF ARTICLE FORTY-FOUR-B OF THIS =
CHAPTER.
   21    S 9. Paragraph f of subdivision 1 of section 239 of  the  =
vehicle  and
   22  traffic  law,  as amended by chapter 379 of the laws of 1992, is =
amended
   23  to read as follows:
   24    f. "Notice of violation" means a notice of  violation  as  =
defined  in
   25  subdivision  nine  of  section two hundred thirty-seven of this =
article,
   26  but shall not be deemed to include a notice of liability issued =
pursuant
   27  to authorization set forth in section eleven hundred  eleven-a  =
of  this
   28  chapter  and shall not be deemed to include a notice of liability =
issued
   29  pursuant to section two thousand nine hundred eighty-five of the  =
public
   30  authorities law and sections sixteen-a, sixteen-b and sixteen-c =
of chap-
   31  ter seven hundred seventy-four of the laws of nineteen hundred =
fifty AND
   32  SHALL  NOT BE DEEMED TO INCLUDE A NOTICE OF LIABILITY ISSUED =
PURSUANT TO
   33  SECTION SEVENTEEN HUNDRED SEVEN OF THIS CHAPTER.
   34    S 10. Subdivision 4 of section 239 of the vehicle and traffic =
law,  as
   35  amended  by  chapter  379  of  the  laws  of 1992, is amended to =
read as
   36  follows:
   37    4. Applicability. The provisions of paragraph b of subdivision =
two and
   38  subdivision three of this section shall not be  applicable  to  =
determi-
   39  nations of owner liability for the failure of an operator to =
comply with
   40  subdivision  (d)  of  section  eleven hundred eleven of this =
chapter and
   41  shall not be applicable to determinations  of  owner  liability  =
imposed
   42  pursuant  to section two thousand nine hundred eighty-five of the =
public
   43  authorities law and sections sixteen-a, sixteen-b and sixteen-c =
of chap-
   44  ter seven hundred seventy-four of the laws of nineteen hundred =
fifty AND
   45  SHALL NOT  BE  APPLICABLE  TO  DETERMINATIONS  OF  OWNER  =
LIABILITY  FOR
   46  VIOLATIONS OF ARTICLE FORTY-FOUR-B OF THIS CHAPTER.
   47    S 11. Subdivisions 1 and 1-a of section 240 of the vehicle and =
traffic
   48  law,  as amended by chapter 379 of the laws of 1992, are amended =
to read
   49  as follows:
   50    1. Notice of  hearing.  Whenever  a  person  charged  with  a  =
parking
   51  violation  enters  a plea of not guilty or a person alleged to be =
liable
   52  in accordance with section eleven hundred eleven-a of this =
chapter for a
   53  violation of subdivision (d) of section eleven hundred  eleven  =
of  this
   54  chapter  contests  such  allegation, or a person alleged to be =
liable in
   55  accordance with the provisions of  section  two  thousand  nine  =
hundred
   56  eighty-five  of  the public authorities law {or}, OF sections =
sixteen-a,

       S. 7243                            16

    1  sixteen-b and sixteen-c of chapter seven  hundred  seventy-four  =
of  the
    2  laws of nineteen hundred fifty, OR OF ARTICLE FORTY-FOUR-B OF =
THIS CHAP-
    3  TER,  the  bureau  shall  advise  such person personally by such =
form of
    4  first class mail as the director may direct of the date on which =
he must
    5  appear  to  answer the charge at a hearing. The form and content =
of such
    6  notice of hearing shall be prescribed by the director, and shall =
contain
    7  a warning to advise the person so pleading or contesting that =
failure to
    8  appear on the date designated, or  on  any  subsequent  adjourned =
 date,
    9  shall  be  deemed an admission of liability, and that a default =
judgment
   10  may be entered thereon.
   11    1-a. Fines and penalties. Whenever a  plea  of  not  guilty  =
has  been
   12  entered, or the bureau has been notified that an allegation of =
liability
   13  in accordance with section eleven hundred eleven-a of this =
chapter or an
   14  allegation  of  liability  in  accordance with section two =
thousand nine
   15  hundred eighty-five of the public authorities law or sections =
sixteen-a,
   16  sixteen-b and sixteen-c of chapter seven  hundred  seventy-four  =
of  the
   17  laws  of nineteen hundred fifty OR AN ALLEGATION OF LIABILITY IN =
ACCORD-
   18  ANCE WITH SECTION SEVENTEEN HUNDRED SEVEN  OF  THIS  CHAPTER,  is =
 being
   19  contested, by a person in a timely fashion and a hearing upon the =
merits
   20  has been demanded, but has not yet been held, the bureau shall =
not issue
   21  any  notice  of  fine or penalty to that person prior to the date =
of the
   22  hearing.
   23    S 12. Paragraphs a and g of subdivision 2 of section 240 of the =
 vehi-
   24  cle  and traffic law, as amended by chapter 379 of the laws of =
1992, are
   25  amended to read as follows:
   26    a. Every hearing for the adjudication of a charge of parking =
violation
   27  or an allegation of liability in accordance with section eleven  =
hundred
   28  eleven-a  of  this  chapter  or an allegation of liability in =
accordance
   29  with section two thousand nine hundred eighty-five of the public =
author-
   30  ities law or sections sixteen-a,  sixteen-b  and  sixteen-c  of  =
chapter
   31  seven  hundred  seventy-four of the laws of nineteen hundred =
fifty OR AN
   32  ALLEGATION OF LIABILITY IN ACCORDANCE  WITH  SECTION  SEVENTEEN  =
HUNDRED
   33  SEVEN  OF  THIS  CHAPTER,  shall  be  held  before a hearing =
examiner in
   34  accordance with rules and regulations promulgated by the bureau.
   35    g. A record shall be made of a hearing on a plea of not guilty =
or of a
   36  hearing at which liability in accordance  with  section  eleven  =
hundred
   37  eleven-a of this chapter is contested or of a hearing at which =
liability
   38  in  accordance with section two thousand nine hundred eighty-five =
of the
   39  public authorities law or sections sixteen-a, sixteen-b and =
sixteen-c of
   40  chapter seven hundred seventy-four of the laws of nineteen =
hundred fifty
   41  is contested OR A HEARING AT WHICH LIABILITY IN ACCORDANCE WITH  =
SECTION
   42  SEVENTEEN HUNDRED SEVEN OF THIS CHAPTER IS CONTESTED.  Recording =
devices
   43  may be used for the making of the record.
   44    S  13.  Subdivisions 1 and 2 of section 241 of the vehicle and =
traffic
   45  law, as amended by chapter 379 of the laws of 1992, are amended =
to  read
   46  as follows:
   47    1.  The  hearing  examiner  shall make a determination on the =
charges,
   48  either sustaining or dismissing them. Where the hearing examiner  =
deter-
   49  mines  that  the  charges  have been sustained he may examine =
either the
   50  prior parking violations record or the record of liabilities =
incurred in
   51  accordance with section eleven hundred eleven-a of this chapter  =
or  the
   52  record  of  liabilities incurred in accordance with section two =
thousand
   53  nine hundred eighty-five of  the  public  authorities  law  or  =
sections
   54  sixteen-a, sixteen-b and sixteen-c of chapter seven hundred =
seventy-four
   55  of  the  laws  of  nineteen  hundred  fifty of the person charged =
OR THE
   56  RECORD OF LIABILITIES INCURRED  IN  ACCORDANCE  WITH  SECTION  =
SEVENTEEN

       S. 7243                            17

    1  HUNDRED  SEVEN OF THIS CHAPTER, as applicable prior to rendering =
a final
    2  determination. Final determinations  sustaining  or  dismissing  =
charges
    3  shall  be entered on a final determination roll maintained by the =
bureau
    4  together with records showing payment and nonpayment of =
penalties.
    5    2.  Where  an operator or owner fails to enter a plea to a =
charge of a
    6  parking violation or contest an allegation of  liability  in  =
accordance
    7  with section eleven hundred eleven-a of this chapter or fails to =
contest
    8  an  allegation of liability in accordance with section two =
thousand nine
    9  hundred eighty-five of the public authorities law or sections =
sixteen-a,
   10  sixteen-b and sixteen-c of chapter seven  hundred  seventy-four  =
of  the
   11  laws  of  nineteen  hundred  fifty  OR FAILS TO CONTEST AN =
ALLEGATION OF
   12  LIABILITY IN ACCORDANCE WITH SECTION SEVENTEEN  HUNDRED  SEVEN  =
OF  THIS
   13  CHAPTER,  or  fails to appear on a designated hearing date or =
subsequent
   14  adjourned date or fails after a hearing to comply with the =
determination
   15  of a hearing examiner, as prescribed by this article or by rule =
or regu-
   16  lation of the bureau, such failure to plead or contest, appear or =
comply
   17  shall be deemed, for all purposes, an admission of liability  and =
 shall
   18  be  grounds  for  rendering and entering a default judgment in an =
amount
   19  provided by the rules and regulations of the bureau. However, =
after  the
   20  expiration  of  the  original  date  prescribed  for entering a =
plea and
   21  before a default judgment may be rendered, in such case the =
bureau shall
   22  pursuant to the applicable provisions of law  notify  such  =
operator  or
   23  owner,  by  such  form of first class mail as the commission may =
direct;
   24  (1) of the violation charged, or liability in  accordance  with  =
section
   25  eleven  hundred eleven-a of this chapter alleged or liability in =
accord-
   26  ance with section two thousand nine hundred eighty-five  of  the  =
public
   27  authorities  law or sections sixteen-a, sixteen-b and sixteen-c =
of chap-
   28  ter seven hundred seventy-four of the laws  of  nineteen  hundred =
 fifty
   29  alleged  OR LIABILITY IN ACCORDANCE WITH SECTION SEVENTEEN =
HUNDRED SEVEN
   30  OF THIS CHAPTER, (2) of the impending default judgment,  (3)  =
that  such
   31  judgment  will  be  entered  in the Civil Court of the city in =
which the
   32  bureau has been established, or other court of civil jurisdiction =
or any
   33  other place provided for the entry of civil judgments within  the =
 state
   34  of New York, and (4) that a default may be avoided by entering a =
plea or
   35  contesting  an allegation of liability in accordance with section =
eleven
   36  hundred eleven-a of this chapter or contesting an allegation of  =
liabil-
   37  ity  in accordance with section two thousand nine hundred =
eighty-five of
   38  the  public  authorities  law  or  sections  sixteen-a,  =
sixteen-b   and
   39  sixteen-c  of chapter seven hundred seventy-four of the laws of =
nineteen
   40  hundred fifty OR CONTESTING AN ALLEGATION  OF  LIABILITY  IN  =
ACCORDANCE
   41  WITH SECTION SEVENTEEN HUNDRED SEVEN OF THIS CHAPTER, as =
appropriate, or
   42  making  an  appearance within thirty days of the sending of such =
notice.
   43  Pleas entered and allegations contested within that period shall  =
be  in
   44  the manner prescribed in the notice and not subject to additional =
penal-
   45  ty  or  fee.  Such  notice  of  impending  default judgment shall =
not be
   46  required prior to the rendering and entry thereof in the case of  =
opera-
   47  tors  or  owners  who  are non-residents of the state of New =
York. In no
   48  case shall a default judgment be rendered or, where required,  a  =
notice
   49  of  impending  default  judgment  be sent, more than two years =
after the
   50  expiration of the time prescribed for entering a plea or  =
contesting  an
   51  allegation.  When  a  person  has demanded a hearing, no fine or =
penalty
   52  shall be imposed for any reason, prior to the holding of the =
hearing. If
   53  the hearing examiner shall make a determination on the charges, =
sustain-
   54  ing them, he shall impose no greater penalty or  fine  than  =
those  upon
   55  which the person was originally charged.

       S. 7243                            18

    1    S  14.  Subparagraph  (i) of paragraph a of subdivision 5-a of =
section
    2  401 of the vehicle and traffic law, as amended by  chapter  496  =
of  the
    3  laws  of  1990  and as designated by chapter 373 of the laws of =
1994, is
    4  amended to read as follows:
    5    (i) If at the time of application for a registration or renewal =
there-
    6  of  there  is  a  certification from a court, parking violations =
bureau,
    7  traffic and parking violations  agency  or  administrative  =
tribunal  of
    8  appropriate  jurisdiction  or  administrative  tribunal  of  =
appropriate
    9  jurisdiction that the registrant or his representative failed to  =
appear
   10  on  the return date or any subsequent adjourned date or failed to =
comply
   11  with the rules and regulations of an administrative  tribunal  =
following
   12  entry  of  a  final  decision  in  response  to a total of three =
or more
   13  summonses or other process in the aggregate, issued within  an  =
eighteen
   14  month  period,  charging  either that (i) such motor vehicle was =
parked,
   15  stopped or standing, or that such motor vehicle was operated for =
hire by
   16  the registrant or his agent without being licensed as  a  motor  =
vehicle
   17  for  hire by the appropriate local authority, in violation of any =
of the
   18  provisions of this chapter or of any law, ordinance, rule or  =
regulation
   19  made  by  a local authority or (ii) the registrant was liable in =
accord-
   20  ance with  section  eleven  hundred  eleven-a  of  this  chapter  =
for  a
   21  violation  of  subdivision  (d) of section eleven hundred eleven =
of this
   22  chapter OR (III) THE REGISTRANT WAS LIABLE IN  ACCORDANCE  WITH  =
SECTION
   23  SEVENTEEN  HUNDRED  SEVEN OF THIS CHAPTER, the commissioner or =
his agent
   24  shall deny the registration or renewal application until  the  =
applicant
   25  provides  proof from the court, traffic and parking violations =
agency or
   26  administrative tribunal wherein the charges are pending that an  =
appear-
   27  ance  or answer has been made or in the case of an administrative =
tribu-
   28  nal that he has complied with the rules and regulations of said =
tribunal
   29  following entry of a final decision.  Where  an  application  is  =
denied
   30  pursuant  to this section, the commissioner may, in his =
discretion, deny
   31  a registration or renewal application to any other person for  =
the  same
   32  vehicle and may deny a registration or renewal application for =
any other
   33  motor  vehicle registered in the name of the applicant where the =
commis-
   34  sioner has determined that such registrant`s intent has  been  to =
 evade
   35  the  purposes of this subdivision and where the commissioner has =
reason-
   36  able grounds to believe that such registration or renewal will =
have  the
   37  effect  of defeating the purposes of this subdivision. Such =
denial shall
   38  only remain in effect as long as the summonses remain unanswered, =
or  in
   39  the  case  of an administrative tribunal, the registrant fails to =
comply
   40  with the rules and regulations following entry of a final =
decision.
   41    S 15. The opening paragraph of subdivision 1 of section  1809  =
of  the
   42  vehicle and traffic law, as amended by section 2 of part M of =
chapter 62
   43  of the laws of 2003, is amended to read as follows:
   44    Whenever  proceedings in an administrative tribunal or a court =
of this
   45  state result in a conviction for an offense  under  this  chapter =
 or  a
   46  traffic  infraction  under this chapter, or a local law, =
ordinance, rule
   47  or regulation adopted pursuant to this chapter,  other  than  a  =
traffic
   48  infraction  involving  standing,  stopping,  or parking or =
violations by
   49  pedestrians or bicyclists, or other than an adjudication of =
liability of
   50  an owner for a violation of subdivision (d) of  section  eleven  =
hundred
   51  eleven  of  this  chapter  in  accordance  with  section  eleven =
hundred
   52  eleven-a of this chapter, OR OTHER THAN AN  ADJUDICATION  IN  =
ACCORDANCE
   53  WITH  SECTION  SEVENTEEN  HUNDRED  SEVEN OF THIS CHAPTER, there =
shall be
   54  levied a crime victim assistance fee and a mandatory surcharge, =
in addi-
   55  tion to any sentence required or permitted by law,  in  =
accordance  with
   56  the following schedule:

       S. 7243                            19

    1    S  16.  Paragraph  (c) of subdivision 1 of section 1809 of the =
vehicle
    2  and traffic law, as amended by section 2 of part M of chapter 62 =
of  the
    3  laws of 2003, is amended to read as follows:
    4    (c)  Whenever  proceedings in an administrative tribunal or a =
court of
    5  this state result in a conviction for  an  offense  under  this  =
chapter
    6  other than a crime pursuant to section eleven hundred ninety-two =
of this
    7  chapter,  or  a  traffic  infraction under this chapter, or a =
local law,
    8  ordinance, rule or regulation adopted pursuant to  this  chapter, =
 other
    9  than  a  traffic  infraction involving standing, stopping, or =
parking or
   10  violations by pedestrians or bicyclists, or other than  an  =
adjudication
   11  of  liability  of an owner for a violation of subdivision (d) of =
section
   12  eleven hundred eleven of this chapter in accordance with section  =
eleven
   13  hundred eleven-a of this chapter or other than an infraction =
pursuant to
   14  article  nine of this chapter or other than an adjudication of =
liability
   15  of an owner for a violation of toll collection regulations  =
pursuant  to
   16  section  two thousand nine hundred eighty-five of the public =
authorities
   17  law or sections sixteen-a, sixteen-b  and  sixteen-c  of  chapter =
 seven
   18  hundred  seventy-four  of  the  laws of nineteen hundred fifty, =
OR OTHER
   19  THAN AN ADJUDICATION IN ACCORDANCE WITH SECTION SEVENTEEN HUNDRED =
 SEVEN
   20  OF  THIS CHAPTER, there shall be levied a crime victim assistance =
fee in
   21  the amount of five dollars and a mandatory surcharge, in addition =
to any
   22  sentence required or permitted by  law,  in  the  amount  of  =
forty-five
   23  dollars.
   24    S  17.  Subdivision  2  of  section  87  of the public officers =
law is
   25  amended by adding a new paragraph (k) to read as follows:
   26    (K) IDENTIFY MOTOR VEHICLE TRAVEL, INCLUDING BUT NOT LIMITED TO =
PHOTO-
   27  GRAPHS, MICROPHOTOGRAPHS OR VIDEOTAPE, PRODUCED UNDER AUTHORITY =
OF ARTI-
   28  CLE FORTY-FOUR-B OF THE VEHICLE AND TRAFFIC LAW.
   29    S 18. Subdivision d of section 2903 of the New York city  =
charter,  as
   30  amended  by vote of the electors of such city at a general =
election held
   31  on November 8, 1988, paragraph 1 as amended by local law  number  =
14  of
   32  the city of New York for the year 1989, is amended to read as =
follows:
   33    d. Mass transportation facilities. The commissioner shall:
   34    (1)  prepare  or  review plans and recommendations with respect =
to the
   35  nature, location, construction, operation and financing of roads, =
 high-
   36  ways, bridges, tunnels, subways or other facilities for mass =
transporta-
   37  tion  other  than aviation facilities for use in whole or in part =
within
   38  the city whether or not the  funds  provided  for  such  =
facilities  are
   39  derived from the city treasury;
   40    (2)  develop  and coordinate planning and programming for all =
forms of
   41  mass transportation within the city of New  York  whether  or  =
not  said
   42  transportation  is within the sole operating jurisdiction of the =
city of
   43  New York; {and}
   44    (3) make recommendations to the mayor, the metropolitan =
transportation
   45  authority, the New York city transit authority, the  port  =
authority  of
   46  New  York  and  New Jersey and other city, state and federal =
authorities
   47  and agencies concerning the mass transit needs of the city of New =
 York;
   48  AND
   49    (4)  MANAGE THE USE OF FUNDS IN THE TRANSIT ENHANCEMENT FUND. =
THERE IS
   50  HEREBY ESTABLISHED A SPECIAL FUND TO BE KNOWN AS THE  "TRANSIT  =
ENHANCE-
   51  MENT  FUND".  AFTER  JULY FIRST, TWO THOUSAND EIGHT, IF THE =
COMMISSIONER
   52  INCREASES FEES FOR PARKING IN PARKING METER ZONES IN THE =
GEOGRAPHIC AREA
   53  SOUTH OF AND INCLUSIVE OF 60TH STREET, THE DIFFERENCE BETWEEN  =
THE  FEES
   54  CHARGED  IN  SUCH ZONES PRIOR TO SEPTEMBER FIRST, TWO THOUSAND =
EIGHT AND
   55  THE FEES CHARGED IN SUCH ZONES AFTER SUCH DATE SHALL BE  PAID  =
INTO  THE
   56  TRANSIT  ENHANCEMENT  FUND. SUCH FUND SHALL ALSO INCLUDE SUCH =
REVENUE AS

       S. 7243                            20

    1  PROVIDED BY STATE LAW. THE REVENUES OF SUCH FUND, DERIVED  AS  =
SPECIFIED
    2  IN  THIS PARAGRAPH OR PURSUANT TO OTHER PROVISIONS OF LAW, UPON =
AUTHORI-
    3  ZATION OF THE COUNCIL, SHALL BE USED SOLELY TO PROVIDE ADDITIONAL =
TRANS-
    4  IT,  PEDESTRIAN, BICYCLE AND PARKING MANAGEMENT IMPROVEMENTS, =
INCLUDING,
    5  BUT NOT LIMITED TO, EXPANDED FERRY SERVICE, BUS SIGNALIZATION, =
BUS RAPID
    6  TRANSIT INVESTMENTS, BICYCLE FACILITIES AND PEDESTRIAN =
ENHANCEMENTS.
    7    S 19. Subdivision (d) of section 11-2051 of the administrative =
code of
    8  the city of New York, as amended by local law number 74 of the  =
city  of
    9  New York for the year 1996, is amended to read as follows:
   10    (d)  The tax imposed by this subchapter shall not apply to any =
sale of
   11  services, OTHER THAN THOSE SERVICES PROVIDED AT LOCATIONS WHOLLY  =
WITHIN
   12  THE  GEOGRAPHIC  AREA  OF  THE  CONGESTION  PRICING ZONE AS SUCH =
TERM IS
   13  DESCRIBED IN ARTICLE FORTY-FOUR-B OF THE VEHICLE AND TRAFFIC LAW, =
to  an
   14  individual resident of the county in which such tax is imposed =
when such
   15  services are rendered on a monthly or longer-term basis at the =
principal
   16  location  for  the parking, garaging or storing of a motor =
vehicle owned
   17  or leased (but only in the case of a lease for a term  of  one  =
year  or
   18  more) by such individual resident. For purposes of this =
subdivision, the
   19  term  "individual resident" means a natural person who maintains =
in such
   20  county a permanent place of abode which is such person`s  primary =
 resi-
   21  dence;  the  term  "motor vehicle" means a motor vehicle which is =
regis-
   22  tered pursuant to the vehicle and traffic law  at  the  address  =
of  the
   23  primary  residence  referred  to in this subdivision, or which is =
regis-
   24  tered pursuant to the vehicle and traffic law and leased to an  =
individ-
   25  ual resident at the address of the primary residence referred to =
in this
   26  subdivision, and which is not used in carrying on any trade, =
business or
   27  commercial activity; and the term "lease for a term of one year =
or more"
   28  shall  not  include  any  lease the term of which is less than =
one year,
   29  irrespective of the fact that the cumulative period for which =
such lease
   30  may be in effect is one year or more as the result of the right =
to exer-
   31  cise an option to renew or other like provision.
   32    S 20. Subdivision (b) of section 11-2053 of the administrative =
code of
   33  the city of New York is amended to read as follows:
   34    (b) {All}  EXCEPT AS PROVIDED IN PARAGRAPH FIVE-A OF  =
SUBDIVISION  (C)
   35  OF  SECTION TWELVE HUNDRED SIXTY-ONE OF THE TAX LAW, ALL payments =
to the
   36  commissioner of finance pursuant to  subdivision  (a)  of  this  =
section
   37  shall be credited to and deposited in the general fund of this =
city.
   38    S  21.    This  act  shall take effect immediately; provided, =
however,
   39  that:
   40    (a) sections four and nineteen of this act shall take effect =
September
   41  first, two thousand eight, except that any actions necessary  to  =
imple-
   42  ment  the  provisions  of  such  sections, including the =
promulgation or
   43  amendment of any rules necessary, may be taken prior to  such  =
effective
   44  date;
   45    (b) sections five and twenty of this act shall take effect on =
the same
   46  date  and  in  the same manner as a chapter of the laws of 2008 =
amending
   47  the tax law and other laws relating to imposing sales  and  =
compensating
   48  use  taxes  in a city of one million or more, as proposed in =
legislative
   49  bill numbers S.6810-A and A.9810-A takes effect;
   50    (c) the amendments to section 235 of the vehicle and traffic =
law  made
   51  by  section  six  of  this  act  shall not affect the expiration =
of such
   52  section and shall expire therewith; the amendments to subdivision =
 1  of
   53  section 236 of the vehicle and traffic law made by section seven =
of this
   54  act shall not affect the expiration of such subdivision and shall =
expire
   55  therewith; the amendments to paragraph f of subdivision 1 of =
section 239
   56  of  the  vehicle  and traffic law made by section nine of this =
act shall

       S. 7243                            21

    1  not affect the expiration of such paragraph and shall expire  =
therewith;
    2  the  amendments to subdivision 4 of section 239 of the vehicle =
and traf-
    3  fic law made by section ten of this act shall not affect the  =
repeal  of
    4  such  subdivision and shall be deemed repealed therewith; the =
amendments
    5  to subdivisions 1 and 1-a of section 240 of the vehicle and =
traffic  law
    6  made  by  section  eleven of this act shall not affect the =
expiration of
    7  such subdivisions and shall expire therewith; the  amendments  to =
 para-
    8  graphs  a and g of subdivision 2 of section 240 of the vehicle =
and traf-
    9  fic law made by section twelve of this act shall not affect the  =
expira-
   10  tion  of  such  paragraphs and shall expire therewith; the =
amendments to
   11  subdivisions 1 and 2 of section 241 of the vehicle and traffic =
law  made
   12  by  section thirteen of this act shall not affect the expiration =
of such
   13  subdivisions and shall expire therewith; and the amendments to =
paragraph
   14  a of subdivision 5-a of section 401 of the vehicle and traffic =
law  made
   15  by  section fourteen of this act shall not affect the expiration =
of such
   16  paragraph and shall expire therewith; the amendments to =
subdivision 1 of
   17  section 1809 of the vehicle and traffic law made by sections =
fifteen and
   18  sixteen of this act shall not affect the expiration of such  =
subdivision
   19  and shall expire therewith; and
   20    (d)  article  44-B of the vehicle and traffic law, as added by =
section
   21  one of  this  act,  establishing  the  congestion  pricing  =
program  and
   22  congestion  pricing  fees  shall expire and be deemed repealed 36 =
months
   23  after the city of New York begins implementation  of  such  =
program  and
   24  begins  to  collect such fees; provided, however that such =
article shall
   25  be extended by the capital program review board  upon  the  =
approval  by
   26  such  board  of  the  capital  plan  to be submitted by the =
metropolitan
   27  transportation authority by March 31, 2008,  as  set  forth  in  =
section
   28  1270-g  of  the  public authorities law, as added by section two =
of this
   29  act. The capital program review board shall notify the =
legislative  bill
   30  drafting commission upon the extension of such program in order =
that the
   31  commission  may  maintain  an accurate and timely effective data =
base of
   32  the official text of the laws of the state of New York in =
furtherance of
   33  effectuating the provisions of section 44 of  the  legislative  =
law  and
   34  section 70-b of the public officers =
law.