Toll and Transit Overhaul

Section 1. The vehicle and traffic law is amended by adding a new article 44-C to read as follows:

ARTICLE 44-C

MOVE NEW YORK FAIR PLAN Section 1701. Definitions.

1702. Authorization and establishment of the Move New York Fair

Plan.

1703. Move New York toll swap.

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD05201-05-8

A. 306--B 2

1704. Violations and enforcement.

1705. Disposition of revenue and penalties.

1706. Rulemaking authority.

§ 1701. Definitions. For the purposes of this article, the following terms shall have the following meanings:

1. "City" means the city of New York.

2. "Department" means the department of transportation of the city.

3. "Electronic fee collection system" means a system of collecting fees which is capable of charging an account holder the appropriate fee by transmission of information from an electronic device in or on a vehicle to a device sensor, which information is used to charge the appropriate fee.

4. "Move New York mobility fund" means the fund of the same name established in section eighty-two of the state finance law.

5. "Move New York toll swap" means the imposition of tolls on currently free crossings that lead into that area within the borough of Manhattan south of but excluding 60th Street and the reduction of tolls on the metropolitan transportation authority's existing seven tolled bridges specified in subdivision four of section seventeen hundred three of this article.

6. "Operation date" means the date determined by the department and the Triborough bridge and tunnel authority for the beginning of the operation and enforcement of the Move New York toll swap, but in no case later than January first, two thousand twenty-one.

7. "Owner" means any person, corporation, partnership, firm, agency, association, lessor, or organization who at the time a vehicle is operated: (a) is the beneficial or equitable owner of such vehicle; (b) has title to such vehicle; (c) is the registrant or co-registrant of such vehicle which is registered with the department of motor vehicles of this state or any other state, territory, district, province, nation or other jurisdiction; (d) uses such vehicle in its vehicle renting and/or leasing business; or (e) is an owner of such vehicle as defined by section one hundred twenty-eight or subdivision (a) of section twentyone hundred one of this chapter.

8. "Parking violations bureau" means the parking violations bureau created in the department pursuant to section 19-201 of the administrative code of the city.

9. "Vehicle-monitoring system" means a vehicle sensor installed at newly tolled crossings, pursuant to this article, to work in conjunction with photographic or other recording equipment which automatically produces one or more photographs, one or more microphotographs, a videotape, digital record or other recorded images of a vehicle entering or exiting the perimeter established by such new tolls.

§ 1702. Authorization and establishment of the Move New York Fair Plan. 1. The department and the metropolitan transportation authority are hereby authorized and shall, subject to the completion of any environmental review required by law or regulation, establish and administer the provisions of this article to be known as the Move New York Fair Plan subject to and conditional upon the establishment and continuation of tolls by the Triborough bridge and tunnel authority as set forth in this section.

2. The plan shall commence on the operation date as determined by agreement between the department and the Triborough bridge and tunnel authority.

3. Contracting and employment created through the implementation of this plan shall be required to comply with article fifteen-A of the

A. 306--B 3

executive law or the most current minority and women-owned business contracting provisions.

§ 1703. Move New York toll swap. 1. The department shall install and operate an electronic fee collection system and a vehicle-monitoring system or utilize any other technological means to effectuate the provisions of this article at points of entry specified in paragraphs (a) and (b) of this subdivision. The department shall determine the appropriate placement of such systems so as to identify vehicles entering and exiting the perimeter created by the points specified by paragraphs (a) and (b) of this subdivision so as to utilize the electronic fee collection and vehicle-monitoring system, provided that such systems shall be technologically compatible with the analogous systems used by the Triborough bridge and tunnel authority at the facilities identified in paragraph (c) of this subdivision (such that the systems will be interoperable and customers will utilize the same transponders or other means of identification) and be placed at the following locations:

(a) at each intersection of East or West 60th street with each northbound or southbound roadway that crosses East or West 60th street in the borough of Manhattan, including where 60th street would intersect both Franklin Delano Roosevelt drive and route 9A if it extended east to the East river and west to the Hudson river, such that any vehicle traveling in a northerly or southerly direction and passing over East or West 60th street, as described above, will be monitored and eligible for tolling;

(b) the Brooklyn bridge, the Ed Koch Queensboro bridge, the Manhattan bridge, and the Williamsburg bridge; and

(c) the Brooklyn Battery tunnel and the Queens Midtown tunnel.

(d) Notwithstanding the opening paragraph of this subdivision, the department shall not place such systems at the Lincoln tunnel, the Holland tunnel or any other crossing not otherwise named in this subdivision.

2. The cost of tolls at points of entry specified in paragraphs (a), (b), and (c) of subdivision one of this section shall be uniform and equal to those tolls established from time to time by the Triborough bridge and tunnel authority at the locations specified in paragraph (c) of subdivision one of this section. And in accordance with the passage of this legislation, tolls shall be reduced at those locations specified in paragraph (c) of subdivision one of this section by 9.75 percent at the time the Move New York toll swap is implemented. Such tolls and all other tolls at the facilities of the Triborough bridge and tunnel authority may thereafter be adjusted from time to time as determined by the Triborough bridge and tunnel authority, subject to legislative approval, and in accordance with those procedures applicable to the setting of tolls for authority facilities generally.

2-a. Notwithstanding the provisions of subdivision two of this section, the toll charged for westbound vehicles utilizing the northbound exit of the Ed Koch Queensboro bridge shall be fifty-five percent of the cost charged at all other points of entry on such bridge.

3. Tolls collected at points of entry specified in paragraphs (a) and (b) of subdivision one of this section shall, excepting revenue derived from tolls on facilities operated by the Triborough bridge and tunnel authority, be transferred into the Move New York mobility fund established by section eighty-two of the state finance law. All revenue collected from the tolls at points of entry specified in paragraph (c) of subdivision one of this section shall continue to be collected and retained by the Triborough bridge and tunnel authority.

A. 306--B 4

4. The tolls at the points of entry specified in paragraphs (a) and (b) of subdivision one of this section shall be imposed as of the operation date, and maintained thereafter, only if, simultaneously, the thenprevailing tolls at the following locations are lowered and maintained thereafter by the Triborough bridge and tunnel authority in accordance with the provisions of subdivision five of this section:

(a) Henry Hudson bridge;

(b) Triborough bridge;

(c) Whitestone bridge;

(d) Throgs Neck bridge;

(e) Cross Bay Veterans memorial bridge;

(f) Marine parkway-Gil Hodges memorial bridge; and

(g) Verrazano bridge.

5. The price of the tolls at the point of entry specified by:

(a) Paragraph (a) of subdivision four of this section shall be uniform and not more than twenty-eight percent of the electronic direct-pay rate, or fifty-six percent of the cost of the pay-by-mail rate, that would be charged to a vehicle at the tolls at the points of entry specified in paragraphs (a), (b) and (c) of subdivision one of this section;

(b) Paragraphs (b), (c), (d) and (g) of subdivision four of this section shall be uniform and not more than fifty-five percent of the electronic direct-pay rate, or sixty percent of the cost of the toll-bymail rate, that would be charged to a vehicle at the tolls at the points of entry specified in paragraphs (a), (b) and (c) of subdivision one of this section; and

(c) Paragraphs (e) and (f) of subdivision four of this section shall be uniform and not more than twenty percent of the electronic direct-pay rate, or thirty-four percent of the cost of the toll-by-mail rate, that would be charged to a vehicle at the tolls at the points of entry specified in paragraphs (a), (b) and (c) of subdivision one of this section.

(d) For those bridges where a governor-approved resident toll discount is currently in effect, such discount shall be made permanent, and any resident rate for those same crossings shall be fifty percent of the standard toll under this plan for those vehicles equipped with electronic, onsite, direct payment technology.

6. In the event that the Triborough bridge and tunnel authority fails to establish and maintain tolls at the facilities specified in paragraphs (a) through (g) of subdivision four of this section at levels consistent with the ratios established by subdivision five of this section, then the authority to establish and maintain tolls at the facilities specified in paragraphs (a) and (b) of subdivision one of this section shall lapse and be of no force and effect. Vehicles registered in any borough that lacks subway service to the central business district which are traveling to or from the central business district, shall be limited to one toll per direction so long as the vehicle in question is using E-ZPass or other form of instant, onsite payment and that the second tolled facility the driver may cross is reached within three hours of the first tolled facility in that direction being crossed, where the tolled facilities in question are those specified in paragraphs (a) and (b) of subdivision one and paragraph (g) of subdivision four of this section.

7. (a) The city taxi and limousine commission, pursuant to an agreement to be entered into with the Move New York highway and transit authority, but in no case later than January first, two thousand twenty-one shall be authorized to impose and shall impose a surcharge on all taxis, black cars, liveries and for-hire vehicles licensed by the city

A. 306--B 5

taxi and limousine commission picking up or discharging passengers within the hail exclusionary zone as defined by the taxi and limousine commission.

(b) Such charge shall be determined as follows: twelve cents per twotenths of one mile traveled at a speed of six miles per hour or more plus twenty cents per two-tenths of one mile traveled at a speed of less than six miles per hour, within the hail exclusionary zone as defined by the taxi and limousine commission. The charges specified in this subdivision shall vary according to subdivision ten of this section. Such charges may be adjusted upward from time to time by the city taxi and limousine commission.

(c) All charges under this subdivision shall be collected by the taxi and limousine commission and remitted to the Move New York highway and transit authority on a quarterly basis.

(d) Notwithstanding any contrary provision of law, any for hire vehicle or taxi subject to the surcharge specified by this subdivision shall be exempt from the tolls specified in paragraphs (a), (b) and (c) of subdivision one of this section.

8. (a) A commercial vehicle, as defined by the New York city traffic rules, equipped with an operational commercial E-ZPass, shall only be charged a single round trip toll per day notwithstanding the number of times such vehicle may cross the perimeter of the tolls established by this section.

(b) All vehicles and vehicle types or classes shall pay the new toll crossings with the exception of emergency vehicles and New York city government vehicles as may be provided pursuant to the rule making authority of the Move New York highway and transit authority board.

9. It shall be a violation of this section for the owner of any vehicle subject to a toll charge pursuant to this article or any surcharge pursuant to subdivision seven of this section to fail to pay such toll charge or surcharge to the department within thirty days after the end of a day in which the vehicle has incurred such toll charge or surcharge pursuant to this section or within fifteen days of receiving written notice, whichever is later.