A 3008: Enacts into law major components of legislation necessary to implement the state transportation, economic development and environmental conservation budget for the 2025-2026 state fiscal year; relates to the waterfront commission act; makes amendments to change "applicant" to "licensee or registrant" (Part A); provides for mass transportation payments to the Central New York Regional Transportation District; adds Cortland county to such district (Part B); relates to extending the authorization for a pre-licensing course internet program (Part C); increases the value of a motor vehicle considered abandoned which can become property of the local authority the vehicle is abandoned in (Part D); extends provisions of law relating to certain tax increment financing provisions (Part I); relates to certain provisions regarding labor disputes involving the Metropolitan Transportation Authority (Part J); relates to the acquisitions or transfers of property for certain transit projects; extends the effectiveness of certain provisions of law relating thereto (Part K); relates to funding for net paratransit operating expenses for the city of New York and the metropolitan transportation authority and makes permanent certain provisions of law relating thereto (Part L); provides funding for the metropolitan transportation authority 2025-2029 capital program (Part M); establishes a demonstration program on certain covered locations to enforce vehicle weight restriction on such interstate by means of mobile or stationary weigh in motion systems (Part N); authorizes a photo monitoring program for the Triborough bridge and tunnel authority and New York state bridge authority; extends provisions relating to certain notices of liability (Part Q); relates to the effectiveness of the New York state health insurance continuation assistance demonstration project (Part S); authorizes the Olympic regional development authority to enter into agreements for membership of one or more of its ski venues in reciprocal ski pass programs where such members are required to guarantee contractual indemnity up to a capped amount (Part T); regulates artificial intelligence companion models; establishes a suicide prevention fund (Part U); relates to refund policies for online retailers (Part V); enhances disclosure requirements for automatic renewals (Part W); requires disclosure of algorithmically set prices for goods and services (Part X); relates to the regulation of buy-now-pay-later lenders; requires such lenders to be licensed or authorized; establishes prohibited acts, limitations on loans, and consumer protections (Part Y); establishes reporting requirements for pharmacy benefit managers about the rebate contracts between pharmacy benefit managers and drug manufacturers (Part Z); provides for rate increases for hire motor vehicle insurance (Part CC); extends the authority of the New York state urban development to administer the empire state economic development fund (Part EE); extends the power of the New York state urban development corporation to make loans to 07/01/2026 (Part FF); extends the authority of the dormitory authority to enter into certain design and construction management agreements (Part GG); expands certain provisions of the state finance law and the New York state infrastructure trust fund; directs a policy study analyzing ways to improve the effectiveness of the minority and women-owned business enterprise program (Part KK); increases the cap on the amount of money authorized to be on deposit pursuant to the excelsior linked deposit program at any given time (Part LL); relates to purchasing thresholds for minority- or women-owned businesses or service-disabled veteran-owned businesses (Part MM); authorizes the New York convention center operating corporation to establish a subsidiary for the purposes of forming a pure captive insurance company (Part NN); extends the waste tire management fee until December 31, 2027; requires notice of the waste tire management and recycling program to be provided to customers; removes the exclusion for mail order sales (Part PP); extends provisions of the deer hunting program to 2028 (Part QQ); relates to financial responsibility, recovery of response costs and natural resource damages, and abatement actions relating to disposal of inactive hazardous waste (Part RR); relates to the recall of a class B firefighting foam; prohibits the sale or distribution of firefighting personal protective equipment that contains intentionally added PFAS; directs the department of environmental conservation to make a recommendation to the legislature on whether to postpone the effectiveness of such provisions (Part SS); exempts conveyances of real property for open space, parks, or historic preservation purposes to any not-for-profit corporation operated for conservation, environmental, parks or historic preservation purposes (Part TT); authorizes the New York state energy research and development authority to finance a portion of its research, development and demonstration, policy and planning, Fuel NY program, climate change related expenses of the department of environmental conservation from an assessment on gas and electric corporations (Part VV); relates to utility and cable television assessments that provide funds to the department of health from cable television assessment revenues and to the department of agriculture and markets, department of state, the office of parks, recreation and historic preservation, and the department of environmental conservation from utility assessment revenues; requires accountings be submitted of such funds (Part XX); increases and redirects civil penalties for failing to comply with the department of public service's prescribed rules and regulations established for the protection of underground facilities; amends the effectiveness of certain provisions relating to establishing the underground facilities safety training account (Part YY); authorizes the department of taxation and finance to disclose certain information to the department of environmental conservation or the New York state energy research and development authority for the purpose of implementing the New York state climate leadership and community protection act (Part ZZ); establishes a commission to replace the statue of Robert R. Livingston in the National Statuary Hall of the United States Capitol with a statue of Harriet Tubman; provides that such commission shall consist of the governor or a designee, the temporary president of the senate or a designee, the speaker of the assembly or a designee, the executive director of the council on the arts or a designee, and the commissioner of the office of general services or a designee (Part BBB); extends certain rebates to municipalities for clean vehicle projects (Part CCC); relates to appointments to the cannabis board, removes provisions of law deeming a person acting as chairperson of the cannabis control board as a state officer; relates to agreements of such board with the New York state Indian nations and tribes (Part DDD); relates to a special license fee for a licensee allowed to engage in the cultivation, processing, distribution and retail of both medical cannabis and adult use cannabis; makes a conforming technical change; and provides for the repeal of certain provisions of the cannabis law (Part EEE).

  
  STATE OF NEW YORK ________________________________________________________________________ S. 3008 A. 3008  SENATE - ASSEMBLY January 22, 2025 ___________ IN SENATE -- A BUDGET BILL, submitted by the Governor pursuant to arti- cle seven of the Constitution -- read twice and ordered printed, and when printed to be committed to the Committee on Finance IN ASSEMBLY -- A BUDGET BILL, submitted by the Governor pursuant to article seven of the Constitution -- read once and referred to the Committee on Ways and Means AN ACT to amend the executive law, in relation to the Waterfront Commis- sion Act (Part A); to amend part I of chapter 413 of the laws of 1999 relating to providing for mass transportation payments in relation to the amount of payments in the Central New York Regional Transporta- tion District and adding Cortland County to such District (Part B); to amend chapter 368 of the laws of 2019 amending the vehicle and traffic law and state finance law relating to establishing a pre-licensing course internet program, in relation to extending the effectiveness thereof (Part C); to amend the vehicle and traffic law, in relation to abandoned vehicles (Part D); to amend the vehicle and traffic law, in relation to expanding the definition of what constitutes drugged impaired driving, penalizing refusals to submit to preliminary screen- ing tests, authorizing prompt license suspensions for drugged driving arrests and expanding situations in which chemical tests can be compelled (Part E); to amend the vehicle and traffic law, in relation to improving safety at elementary school intersections (Part F); to amend the vehicle and traffic law, in relation to bicycles with elec- tric assist (Part G); to amend the vehicle and traffic law, in relation to maximum speed limits for bicycles, bicycles with electric assist, electronic scooters and other devices authorized or required to use bicycle lanes (Part H); to amend part PP of chapter 54 of the laws of 2016, amending the public authorities law and the general municipal law relating to the New York transit authority and the metropolitan transportation authority, in relation to extending provisions of law relating to certain tax increment financing provisions (Part I); to amend chapter 929 of the laws of 1986 amending the tax law and other laws relating to the metropolitan transportation authority, in relation to extending certain provisions thereof appli- cable to the resolution of labor disputes (Part J); to amend the public authorities law, in relation to acquisitions or transfers of EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD12573-01-5 
 S. 3008 2 A. 3008 property for certain transit projects; and to amend part VVV of chap- ter 58 of the laws of 2020 amending the public authorities law relat- ing to acquisitions or transfers of property for transit projects, in relation to the effectiveness thereof (Part K); to amend part UUU of chapter 58 of the laws of 2020 amending the state finance law relating to providing funding for the Metropolitan Transportation Authority 2020-2024 capital program and paratransit operating expenses, in relation to funding for net paratransit operating expenses and in relation to the effectiveness thereof (Part L); to amend the state finance law, in relation to providing funding for the metropolitan transportation authority 2025-2029 capital program (Part M); to amend the vehicle and traffic law and the public officers law, in relation to authorizing covered agencies and authorities to use weigh-in-motion technology to automatically enforce vehicle weight limits on their facilities (Part N); to amend the vehicle and traffic law, in relation to bus operation-related traffic regulations (Part O); to amend the vehicle and traffic law and the administrative code of the city of New York, in relation to the authorization of a surcharge for the issuance of permits relating to the obstruction or closure of a street or pedestrian plaza for construction purposes in a city having a popu- lation of one million or more and to the imposition of such surcharge (Part P); to amend the vehicle and traffic law and the public officers law, in relation to the speed violation photo monitoring systems program in work zones including authorizing a photo monitoring program for the Triborough bridge and tunnel authority and New York state bridge authority; to amend the state finance law, in relation to establishing a work zone speed camera administration fund; and to amend chapter 421 of the laws of 2021 amending the vehicle and traffic law and the general municipal law relating to certain notices of liability, in relation to making such provisions permanent (Part Q); to amend the penal law and the vehicle and traffic law, in relation to expanding enhanced assault protection for motor vehicle license exam- iners, motor vehicle representatives, highway workers, motor carrier investigators, motor carrier inspectors, and triborough bridge and tunnel authority workers (Part R); to amend chapter 495 of the laws of 2004, amending the insurance law and the public health law relating to the New York state health insurance continuation assistance demon- stration project, in relation to the effectiveness thereof (Part S); to amend the public authorities law, in relation to authorizing the Olympic regional development authority to enter into agreements for membership of one or more of its ski venues in reciprocal ski pass programs where such members are required to guarantee contractual indemnity up to a capped amount (Part T); to amend the general busi- ness law, in relation to artificial intelligence companion models (Part U); to amend the general business law, in relation to refund policies (Part V); to amend the general business law, in relation to automatic renewals (Part W); to amend the general business law, in relation to requiring disclosure of algorithmically set prices (Part X); to amend the banking law, in relation to the regulation of buy- now-pay-later lenders (Part Y); to amend the insurance law, in relation to disclosure of pharmacy benefit manager rebate contracts (Part Z); to amend the general business law, the banking law, and the social services law, in relation to protecting eligible adults from financial exploitation (Part AA); to amend the insurance law, in relation to for hire group insurance (Part BB); to amend the insurance law, in relation to for hire motor vehicle insurance rates (Part CC); 
 S. 3008 3 A. 3008 to amend the insurance law, in relation to rates for livery insurance (Part DD); to amend the New York state urban development corpo- ration act, in relation to extending the authority of the New York state urban development corporation to administer the empire state economic development fund (Part EE); to amend chapter 393 of the laws of 1994, amending the New York state urban development corporation act, relating to the powers of the New York state urban development corporation to make loans, in relation to extending loan powers (Part FF); to amend part BB of chapter 58 of the laws of 2012, amending the public authorities law, relating to authorizing the dormitory authori- ty to enter into certain design and construction management agree- ments, in relation to the effectiveness thereof (Part GG); in relation to enacting the private activity bond allocation act of 2025; and providing for the repeal of certain provisions upon expiration thereof (Part HH); to amend the public authorities law, in relation to the construction and financing of public libraries (Part II); to amend the public authorities law, in relation to authorizing the dormitory authority to provide additional services to local governments and the department of environmental conservation (Part JJ); to amend chapter 261 of the laws of 1988, amending the state finance law and other laws relating to the New York state infrastructure trust fund, in relation to the effectiveness thereof (Part KK); to amend the state finance law, in relation to the excelsior linked deposit program (Part LL); to amend the state finance law and the public authorities law, in relation to purchasing thresholds (Part MM); to amend the insurance law, the public authorities law and the tax law, in relation to authorizing certain New York state and local authorities to create a pure or group captive insurance company (Part NN); to amend the agri- culture and markets law, in relation to farmland protection (Part OO); to amend the environmental conservation law, in relation to extending the waste tire management fee for five years and removing the exclu- sion for mail order sales (Part PP); to amend chapter 55 of the laws of 2021 amending the environmental conservation law relating to estab- lishing a deer hunting pilot program, in relation to extending provisions of the youth deer hunting program (Part QQ); to amend the environmental conservation law, the state finance law and the public authorities law, in relation to the inactive hazardous waste disposal site program (Part RR); to amend the general business law, in relation to prohibiting the sale and manufacturing of firefighting personal protective equipment containing intentionally added PFAS (Part SS); to amend the environmental conservation law, in relation to authorizing the commissioner of environmental conservation to acquire conservation easements without attorney general approval (Subpart A); and to amend the tax law, in relation to exemptions for any not-for-profit tax exempt corporation operated for conservation, environmental, parks or historic preservation purposes (Subpart B) (Part TT); to amend the environmental conservation law, in relation to the management of crabs (Part UU); in relation to authorizing the New York state energy research and development authority to finance a portion of its research, development and demonstration, policy and planning, and Fuel NY program, as well as climate change related expenses of the depart- ment of environmental conservation from an assessment on gas and elec- tric corporations (Part VV); to amend abandoned property law, in relation to ensuring ESCOs are subject to the same consumer protection regulations regarding unclaimed deposits and refunds currently facing utility companies (Part WW); to authorize utility and cable television 
 S. 3008 4 A. 3008 assessments that provide funds to the department of health from cable television assessment revenues and to the department of agriculture and markets, department of state, the office of parks, recreation and historic preservation, and the department of environmental conserva- tion from utility assessment revenues; and providing for the repeal of such provisions upon expiration thereof (Part XX); to amend the general business law and the state finance law, in relation to increasing and redirecting civil penalties for failing to comply with the department of public service's prescribed rules and regulations established for the protection of underground facilities (Part YY); and to amend the tax law, in relation to authorizing the department of taxation and finance to disclose certain information to the department of environmental conservation or the New York state energy research and development authority for the purpose of implementing the New York state climate leadership and community protection act (Part ZZ) The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. This act enacts into law major components of legislation 2 necessary to implement the state transportation, economic development 3 and environmental conservation budget for the 2025-2026 state fiscal 4 year. Each component is wholly contained within a Part identified as 5 Parts A through ZZ. The effective date for each particular provision 6 contained within such Part is set forth in the last section of such 7 Part. Any provision in any section contained within a Part, including 8 the effective date of the Part, which makes a reference to a section "of 9 this act", when used in connection with that particular component, shall 10 be deemed to mean and refer to the corresponding section of the Part in 11 which it is found. Section three of this act sets forth the general 12 effective date of this act. 13 PART A 14 Section 1. Paragraph (a) of subdivision 4 of section 534-n of the 15 executive law, as added by section 2 of part L of chapter 58 of the laws 16 of 2024, is amended to read as follows: 17 (a) The commission may temporarily suspend a permit, license or regis- 18 tration pursuant to the provisions of this subdivision until further 19 order of the commission or final disposition of the underlying case, 20 [only] where the permittee, licensee or registrant has been indicted 21 for, or otherwise charged with, a crime which is equivalent to a felony 22 in the state of New York or any crime punishable by death or imprison- 23 ment for a term exceeding three hundred sixty-four days or [only] where 24 the permittee or licensee is a security officer who is charged by the 25 commission pursuant to this section with misappropriating any other 26 person's property at or on a pier or other waterfront terminal. 27 § 2. Subdivisions 6 and 7 of section 534-u of the executive law, as 28 added by section 2 of part L of chapter 58 of the laws of 2024, are 29 amended to read as follows: 30 6. Association with a person who has been identified by a federal, 31 state, or local law enforcement agency as a member or associate of an 32 organized crime group, a terrorist group, or a career offender cartel, 33 or who is a career offender, under circumstances where such association 34 creates a reasonable belief that the participation of the [applicant] 
 S. 3008 5 A. 3008 1 licensee or registrant in any activity required to be licensed under 2 this act would be inimical to the policies of this article, provided 3 however that association without the requisite showing of inimicality as 4 set forth herein shall be insufficient grounds for revocation; or 5 7. Conviction of a racketeering activity or knowing association with a 6 person who has been convicted of a racketeering activity by a court of 7 the United States or any state or territory thereof under circumstances 8 where such association creates a reasonable belief that the partic- 9 ipation of the [applicant] licensee or registrant in any activity 10 required to be licensed under this act would be inimical to the policies 11 of this article, provided, however, that association without the requi- 12 site showing of inimicality as set forth herein shall be insufficient 13 grounds for revocation. 14 § 3. This act shall take effect immediately. 15 PART B 16 Section 1. Section 1 of part I of chapter 413 of the laws of 1999 17 relating to providing for mass transportation payments, as amended by 18 section 1 of part E of chapter 58 of the laws of 2024, is amended to 19 read as follows: 20 Section 1. Notwithstanding any other law, rule or regulation to the 21 contrary, payment of mass transportation operating assistance pursuant 22 to section 18-b of the transportation law shall be subject to the 23 provisions contained herein and the amounts made available therefor by 24 appropriation. 25 In establishing service and usage formulas for distribution of mass 26 transportation operating assistance, the commissioner of transportation 27 may combine and/or take into consideration those formulas used to 28 distribute mass transportation operating assistance payments authorized 29 by separate appropriations in order to facilitate program administration 30 and to ensure an orderly distribution of such funds. 31 To improve the predictability in the level of funding for those 32 systems receiving operating assistance payments under service and usage 33 formulas, the commissioner of transportation is authorized with the 34 approval of the director of the budget, to provide service payments 35 based on service and usage statistics of the preceding year. 36 In the case of a service payment made, pursuant to section 18-b of the 37 transportation law, to a regional transportation authority on account of 38 mass transportation services provided to more than one county (consider- 39 ing the city of New York to be one county), the respective shares of the 40 matching payments required to be made by a county to any such authority 41 shall be as follows: 42 Percentage 43 of Matching 44 Local Jurisdiction Payment 45 -------------------------------------------- 46 In the Metropolitan Commuter 47 Transportation District: 48 New York City ................ 6.40 49 Dutchess ..................... 1.30 50 Nassau ....................... 39.60 51 Orange ....................... 0.50 52 Putnam ....................... 1.30 53 Rockland ..................... 0.10 
 S. 3008 6 A. 3008 1 Suffolk ...................... 25.70 2 Westchester .................. 25.10 3 In the Capital District Trans- 4 portation District: 5 Albany ....................... 54.05 6 Rensselaer ................... 22.45 7 Saratoga ..................... 3.95 8 Schenectady .................. 15.90 9 Montgomery ................... 1.44 10 Warren ....................... 2.21 11 In the Central New York Re- 12 gional Transportation Dis- 13 trict: 14 Cayuga ....................... [5.11] 5.05 15 Onondaga ..................... [75.83] 74.94 16 Oswego ....................... [2.85] 2.82 17 Oneida ....................... [16.21] 16.02 18 Cortland..................... 1.17 19 In the Rochester-Genesee Re- 20 gional Transportation Dis- 21 trict: 22 Genesee ...................... 1.36 23 Livingston ................... .90 24 Monroe ....................... 90.14 25 Wayne ........................ .98 26 Wyoming ...................... .51 27 Seneca ....................... .64 28 Orleans ...................... .77 29 Ontario ...................... 4.69 30 In the Niagara Frontier Trans- 31 portation District: Erie ......................... 89.20 32 Niagara ...................... 10.80 33 Notwithstanding any other inconsistent provisions of section 18-b of 34 the transportation law or any other law, any moneys provided to a public 35 benefit corporation constituting a transportation authority or to other 36 public transportation systems in payment of state operating assistance 37 or such lesser amount as the authority or public transportation system 38 shall make application for, shall be paid by the commissioner of trans- 39 portation to such authority or public transportation system in lieu, and 40 in full satisfaction, of any amounts which the authority would otherwise 41 be entitled to receive under section 18-b of the transportation law. 42 Notwithstanding the reporting date provision of section 17-a of the 43 transportation law, the reports of each regional transportation authori- 44 ty and other major public transportation systems receiving mass trans- 45 portation operating assistance shall be submitted on or before July 15 46 of each year in the format prescribed by the commissioner of transporta- 47 tion. Copies of such reports shall also be filed with the chairpersons 48 of the senate finance committee and the assembly ways and means commit- 49 tee and the director of the budget. The commissioner of transportation 50 may withhold future state operating assistance payments to public trans- 51 portation systems or private operators that do not provide such reports. 52 Payments may be made in quarterly installments as provided in subdivi- 53 sion 2 of section 18-b of the transportation law or in such other manner 54 and at such other times as the commissioner of transportation, with the 55 approval of the director of the budget, may provide; and where payment 
 S. 3008 7 A. 3008 1 is not made in the manner provided by such subdivision 2, the matching 2 payments required of any city, county, Indian tribe or intercity bus 3 company shall be made within 30 days of the payment of state operating 4 assistance pursuant to this section or on such other basis as may be 5 agreed upon by the commissioner of transportation, the director of the 6 budget, and the chief executive officer of such city, county, Indian 7 tribe or intercity bus company. 8 The commissioner of transportation shall be required to annually eval- 9 uate the operating and financial performance of each major public trans- 10 portation system. Where the commissioner's evaluation process has iden- 11 tified a problem related to system performance, the commissioner may 12 request the system to develop plans to address the performance deficien- 13 cies. The commissioner of transportation may withhold future state oper- 14 ating assistance payments to public transportation systems or private 15 operators that do not provide such operating, financial, or other infor- 16 mation as may be required by the commissioner to conduct the evaluation 17 process. 18 Payments shall be made contingent upon compliance with regulations 19 deemed necessary and appropriate, as prescribed by the commissioner of 20 transportation and approved by the director of the budget, which shall 21 promote the economy, efficiency, utility, effectiveness, and coordinated 22 service delivery of public transportation systems. The chief executive 23 officer of each public transportation system receiving a payment shall 24 certify to the commissioner of transportation, in addition to informa- 25 tion required by section 18-b of the transportation law, such other 26 information as the commissioner of transportation shall determine is 27 necessary to determine compliance and carry out the purposes herein. 28 Counties, municipalities or Indian tribes that propose to allocate 29 service payments to operators on a basis other than the amount earned by 30 the service payment formula shall be required to describe the proposed 31 method of distributing governmental operating aid and submit it one 32 month prior to the start of the operator's fiscal year to the commis- 33 sioner of transportation in writing for review and approval prior to the 34 distribution of state aid. The commissioner of transportation shall only 35 approve alternate distribution methods which are consistent with the 36 transportation needs of the people to be served and ensure that the 37 system of private operators does not exceed established maximum service 38 payment limits. Copies of such approvals shall be submitted to the 39 chairpersons of the senate finance and assembly ways and means commit- 40 tees. 41 Notwithstanding the provisions of subdivision 4 of section 18-b of the 42 transportation law, the commissioner of transportation is authorized to 43 continue to use prior quarter statistics to determine current quarter 44 payment amounts, as initiated in the April to June quarter of 1981. In 45 the event that actual revenue passengers and actual total number of 46 vehicle, nautical or car miles are not available for the preceding quar- 47 ter, estimated statistics may be used as the basis of payment upon 48 approval by the commissioner of transportation. In such event, the 49 succeeding payment shall be adjusted to reflect the difference between 50 the actual and estimated total number of revenue passengers and vehicle, 51 nautical or car miles used as the basis of the estimated payment. The 52 chief executive officer may apply for less aid than the system is eligi- 53 ble to receive. Each quarterly payment shall be attributable to operat- 54 ing expenses incurred during the quarter in which it is received, unless 55 otherwise specified by such commissioner. In the event that a public 56 transportation system ceases to participate in the program, operating 
 S. 3008 8 A. 3008 1 assistance due for the final quarter that service is provided shall be 2 based upon the actual total number of revenue passengers and the actual 3 total number of vehicle, nautical or car miles carried during that quar- 4 ter. 5 Payments shall be contingent on compliance with audit requirements 6 determined by the commissioner of transportation. 7 In the event that an audit of a public transportation system or 8 private operator receiving funds discloses the existence of an overpay- 9 ment of state operating assistance, regardless of whether such an over- 10 payment results from an audit of revenue passengers and the actual 11 number of revenue vehicle miles statistics, or an audit of private oper- 12 ators in cases where more than a reasonable return based on equity or 13 operating revenues and expenses has resulted, the commissioner of trans- 14 portation, in addition to recovering the amount of state operating 15 assistance overpaid, shall also recover interest, as defined by the 16 department of taxation and finance, on the amount of the overpayment. 17 Notwithstanding any other law, rule or regulation to the contrary, 18 whenever the commissioner of transportation is notified by the comp- 19 troller that the amount of revenues available for payment from an 20 account is less than the total amount of money for which the public mass 21 transportation systems are eligible pursuant to the provisions of 22 section 88-a of the state finance law and any appropriations enacted for 23 these purposes, the commissioner of transportation shall establish a 24 maximum payment limit which is proportionally lower than the amounts set 25 forth in appropriations. 26 Notwithstanding paragraphs (b) of subdivisions 5 and 7 of section 88-a 27 of the state finance law and any other general or special law, payments 28 may be made in quarterly installments or in such other manner and at 29 such other times as the commissioner of transportation, with the 30 approval of the director of the budget may prescribe. 31 § 2. This act shall take effect immediately and shall be deemed to 32 have been in full force and effect on and after April 1, 2025. 33 PART C 34 Section 1. Section 6 of chapter 368 of the laws of 2019 amending the 35 vehicle and traffic law and state finance law relating to establishing a 36 pre-licensing course internet program, is amended to read as follows: 37 § 6. This act shall take effect June 30, 2020 and shall expire and be 38 deemed repealed June 30, [2025] 2030; provided, however, that the amend- 39 ments to paragraph (a) of subdivision 3 of section 89-b of the state 40 finance law made by section four of this act shall be subject to the 41 expiration and reversion of such subdivision pursuant to section 13 of 42 part U1 of chapter 62 of the laws of 2003, as amended, when upon such 43 date the provisions of section five of this act shall take effect. 44 Effective immediately, the addition, amendment and/or repeal of any rule 45 or regulation necessary for the implementation of this act on its effec- 46 tive date are authorized to be made and completed on or before such 47 effective date. 48 § 2. This act shall take effect immediately. 49 PART D 50 Section 1. Paragraph (a) of subdivision 1 of section 1224 of the vehi- 51 cle and traffic law, as amended by chapter 795 of the laws of 1974, is 52 amended to read as follows: 
 S. 3008 9 A. 3008 1 (a) with no number plates affixed thereto, for more than [six] three 2 hours on any highway or other public place; 3 § 2. Subdivision 2 of section 1224 of the vehicle and traffic law, as 4 amended by chapter 540 of the laws of 2002, is amended to read as 5 follows: 6 2. If an abandoned vehicle, at the time of abandonment, has no number 7 plates affixed and is of a wholesale value, taking into consideration 8 the condition of the vehicle, of [one thousand two hundred fifty] three 9 thousand five hundred dollars or less, ownership shall immediately vest 10 in the local authority having jurisdiction thereof and title to the 11 vehicle shall vest in accordance with applicable law and regulations of 12 the commissioner, provided however that a local authority shall not be 13 required to obtain title to an abandoned vehicle that is subject to the 14 provisions of this subdivision if the vehicle will be sold or otherwise 15 disposed of as junk or salvage, dismantled for use other than as a motor 16 vehicle, or otherwise destroyed. 17 § 3. This act shall take effect on the one hundred eightieth day after 18 it shall have become a law. 19 PART E 20 Section 1. Section 114-a of the vehicle and traffic law, as amended by 21 chapter 92 of the laws of 2021, is amended to read as follows: 22 § 114-a. Drug. The term "drug" when used in this chapter, means and 23 includes any substance listed in section thirty-three hundred six of the 24 public health law and cannabis and concentrated cannabis as defined in 25 section 222.00 of the penal law and any substance or combination of 26 substances that impair physical or mental abilities to any extent. 27 § 2. The vehicle and traffic law is amended by adding two new sections 28 119-a-1 and 119-b-1 to read as follows: 29 § 119-a-1. Impaired. Impairment is reached when a driver has consumed 30 or ingested a substance or combination of substances to the extent that 31 the driver has impaired, to any extent, the physical and/or mental abil- 32 ities which a driver is expected to possess in order to operate a vehi- 33 cle as a reasonable and prudent person. 34 § 119-b-1. Intoxication. Intoxication is a greater degree of impair- 35 ment which is reached when a driver has consumed or ingested a substance 36 or combination of substances to the extent that the driver is incapable, 37 to a substantial extent, of employing the physical and/or mental abili- 38 ties which a driver is expected to possess in order to operate a vehicle 39 as a reasonable and prudent person. 40 § 3. Subdivisions 1, 2 and 3 of section 1194 of the vehicle and traf- 41 fic law, as added by chapter 47 of the laws of 1988, paragraph (a) of 42 subdivision 2 as amended by chapter 196 of the laws of 1996, paragraphs 43 (b) and (c) of subdivision 2 as amended by chapter 489 of the laws of 44 2017, clause (A) of subparagraph 1, subparagraphs 2 and 3 of paragraph 45 (b), subparagraphs 1, 2 and 3 of paragraph (c) of subdivision 2 as 46 amended by chapter 27 of the laws of 2018, subparagraphs 1 and 2 of 47 paragraph (d) of subdivision 2 as amended by chapter 732 of the laws of 48 2006, and item (iii) of clause c of subparagraph 1 of paragraph (d) of 49 subdivision 2 as amended by section 37 of part LL of chapter 56 of the 50 laws of 2010, are amended to read as follows: 51 1. Arrest and field testing. (a) Arrest. Notwithstanding the 52 provisions of section 140.10 of the criminal procedure law, a police 53 officer may, without a warrant, arrest a person, in case of a violation 54 of subdivision one of section eleven hundred ninety-two of this article, 
 S. 3008 10 A. 3008 1 if such violation is coupled with an accident or collision in which such 2 person is involved, which in fact has been committed, though not in the 3 police officer's presence, when the officer has reasonable cause to 4 believe that the violation was committed by such person. 5 (b) Field testing. Every person operating a motor vehicle which has 6 been involved in an accident or which is operated in violation of any of 7 the provisions of this chapter shall, at the request of a police offi- 8 cer, submit to a breath test and oral/bodily fluid test to be adminis- 9 tered by the police officer. If such test indicates that such operator 10 has consumed alcohol or a drug or drugs, the police officer may request 11 such operator to submit to a chemical test and an evaluation conducted 12 by a drug recognition expert in the manner set forth in subdivision two 13 of this section. 14 (c) Refusal to submit to a breath test or oral/bodily fluid test 15 pursuant to paragraph (b) of this subdivision shall be a traffic infrac- 16 tion, subject to penalties as defined in section eighteen hundred of 17 this chapter. 18 2. Chemical tests and drug recognition evaluations. (a) When author- 19 ized. Any person who operates a motor vehicle in this state shall be 20 deemed to have given consent to an evaluation conducted by a drug recog- 21 nition expert, and a chemical test of one or more of the following: 22 breath, blood, urine, or [saliva] oral/bodily fluid, for the purpose of 23 determining the alcoholic and/or drug content [of the blood] within such 24 person's body, provided that such test is administered by or at the 25 direction of a police officer with respect to a chemical test of breath, 26 urine or [saliva] oral/bodily fluid or, with respect to a chemical test 27 of blood, at the direction of a police officer: 28 (1) having reasonable grounds to believe such person to have been 29 operating in violation of any subdivision of section eleven hundred 30 ninety-two of this article and within two hours after such person has 31 been placed under arrest for any such violation; or having reasonable 32 grounds to believe such person to have been operating in violation of 33 section eleven hundred ninety-two-a of this article and within two hours 34 after the stop of such person for any such violation, 35 (2) within two hours after a breath test, or oral/bodily fluid test, 36 as provided in paragraph (b) of subdivision one of this section, indi- 37 cates that alcohol and/or a drug or drugs has been consumed by such 38 person and in accordance with the rules and regulations established by 39 the police force of which the officer is a member; 40 (3) for the purposes of this paragraph, "reasonable grounds" to 41 believe that a person has been operating a motor vehicle after having 42 consumed alcohol in violation of section eleven hundred ninety-two-a of 43 this article shall be determined by viewing the totality of circum- 44 stances surrounding the incident which, when taken together, indicate 45 that the operator was driving in violation of such subdivision. Such 46 circumstances may include any visible or behavioral indication of alco- 47 hol consumption by the operator, the existence of an open container 48 containing or having contained an alcoholic beverage in or around the 49 vehicle driven by the operator, or any other evidence surrounding the 50 circumstances of the incident which indicates that the operator has been 51 operating a motor vehicle after having consumed alcohol at the time of 52 the incident; or 53 (4) notwithstanding any other provision of law to the contrary, no 54 person under the age of twenty-one shall be arrested for an alleged 55 violation of section eleven hundred ninety-two-a of this article. 56 However, a person under the age of twenty-one for whom a chemical test 
 S. 3008 11 A. 3008 1 or an evaluation conducted by a drug recognition expert is authorized 2 pursuant to this paragraph may be temporarily detained by the police 3 solely for the purpose of requesting or administering such chemical test 4 or an evaluation conducted by a drug recognition expert whenever arrest 5 without a warrant for a petty offense would be authorized in accordance 6 with the provisions of section 140.10 of the criminal procedure law or 7 paragraph (a) of subdivision one of this section. 8 (b) Report of refusal. (1) If: (A) such person having been placed 9 under arrest; or (B) after a breath or oral/bodily fluid test indicates 10 the presence of alcohol and/or a drug or drugs in the person's system; 11 or (C) with regard to a person under the age of twenty-one, there are 12 reasonable grounds to believe that such person has been operating a 13 motor vehicle after having consumed alcohol in violation of section 14 eleven hundred ninety-two-a of this article; and having thereafter been 15 requested to submit to such chemical test or an evaluation conducted by 16 a drug recognition expert and having been informed that the person's 17 license or permit to drive and any non-resident operating privilege 18 shall be immediately suspended and subsequently revoked, or, for opera- 19 tors under the age of twenty-one for whom there are reasonable grounds 20 to believe that such operator has been operating a motor vehicle after 21 having consumed alcohol in violation of section eleven hundred ninety- 22 two-a of this article, shall be revoked for refusal to submit to such 23 chemical test or any portion thereof, or an evaluation conducted by a 24 drug recognition expert or any portion thereof whether or not the person 25 is found guilty of the charge for which such person is arrested or 26 detained, refuses to submit to such chemical test or any portion there- 27 of, [unless a court order has been granted pursuant to subdivision three 28 of this section,] or an evaluation conducted by a drug recognition 29 expert or any portion thereof, the test shall not be given and a written 30 report of such refusal shall be immediately made by the police officer 31 before whom such refusal was made. Such report may be verified by having 32 the report sworn to, or by affixing to such report a form notice that 33 false statements made therein are punishable as a class A misdemeanor 34 pursuant to section 210.45 of the penal law and such form notice togeth- 35 er with the subscription of the deponent shall constitute a verification 36 of the report. 37 (2) The report of the police officer shall set forth reasonable 38 grounds to believe such arrested person or such detained person under 39 the age of twenty-one had been driving in violation of any subdivision 40 of section eleven hundred ninety-two or eleven hundred ninety-two-a of 41 this article, that said person had refused to submit to such chemical 42 test, [and that no chemical test was administered pursuant to the 43 requirements of subdivision three of this section] or an evaluation 44 conducted by a drug recognition expert, or any portion thereof. The 45 report shall be presented to the court upon arraignment of an arrested 46 person, provided, however, in the case of a person under the age of 47 twenty-one, for whom a test was authorized pursuant to the provisions of 48 subparagraph two or three of paragraph (a) of this subdivision, and who 49 has not been placed under arrest for a violation of any of the 50 provisions of section eleven hundred ninety-two of this article, such 51 report shall be forwarded to the commissioner within forty-eight hours 52 in a manner to be prescribed by the commissioner, and all subsequent 53 proceedings with regard to refusal to submit to such chemical test or an 54 evaluation conducted by a drug recognition expert by such person shall 55 be as set forth in subdivision three of section eleven hundred ninety- 56 four-a of this article. 
 S. 3008 12 A. 3008 1 (3) For persons placed under arrest for a violation of any subdivision 2 of section eleven hundred ninety-two of this article, the license or 3 permit to drive and any non-resident operating privilege shall, upon the 4 basis of such written report, be temporarily suspended by the court 5 without notice pending the determination of a hearing as provided in 6 paragraph (c) of this subdivision. Copies of such report must be trans- 7 mitted by the court to the commissioner and such transmittal may not be 8 waived even with the consent of all the parties. Such report shall be 9 forwarded to the commissioner within forty-eight hours of such arraign- 10 ment. 11 (4) The court or the police officer, in the case of a person under the 12 age of twenty-one alleged to be driving after having consumed alcohol, 13 shall provide such person with a scheduled hearing date, a waiver form, 14 and such other information as may be required by the commissioner. If a 15 hearing, as provided for in paragraph (c) of this subdivision, or subdi- 16 vision three of section eleven hundred ninety-four-a of this article, is 17 waived by such person, the commissioner shall immediately revoke the 18 license, permit, or non-resident operating privilege, as of the date of 19 receipt of such waiver in accordance with the provisions of paragraph 20 (d) of this subdivision. 21 (c) Hearings. Any person whose license or permit to drive or any non- 22 resident driving privilege has been suspended pursuant to paragraph (b) 23 of this subdivision is entitled to a hearing in accordance with a hear- 24 ing schedule to be promulgated by the commissioner. If the department 25 fails to provide for such hearing fifteen days after the date of the 26 arraignment of the arrested person, the license, permit to drive or 27 non-resident operating privilege of such person shall be reinstated 28 pending a hearing pursuant to this section. The hearing shall be limited 29 to the following issues: (1) did the police officer have reasonable 30 grounds to believe that such person had been driving in violation of any 31 subdivision of section eleven hundred ninety-two of this article; (2) 32 did the police officer make a lawful arrest of such person; (3) was such 33 person given sufficient warning, in clear or unequivocal language, prior 34 to such refusal that such refusal to submit to such chemical test or any 35 portion thereof, or an evaluation conducted by a drug recognition expert 36 or any portion thereof, would result in the immediate suspension and 37 subsequent revocation of such person's license or operating privilege 38 whether or not such person is found guilty of the charge for which the 39 arrest was made; and (4) did such person refuse to submit to such chemi- 40 cal test or any portion thereof, or an evaluation conducted by a drug 41 recognition expert or any portion thereof. If, after such hearing, the 42 hearing officer, acting on behalf of the commissioner, finds on any one 43 of said issues in the negative, the hearing officer shall immediately 44 terminate any suspension arising from such refusal. If, after such hear- 45 ing, the hearing officer, acting on behalf of the commissioner finds all 46 of the issues in the affirmative, such officer shall immediately revoke 47 the license or permit to drive or any non-resident operating privilege 48 in accordance with the provisions of paragraph (d) of this subdivision. 49 A person who has had a license or permit to drive or non-resident oper- 50 ating privilege suspended or revoked pursuant to this subdivision may 51 appeal the findings of the hearing officer in accordance with the 52 provisions of article three-A of this chapter. Any person may waive the 53 right to a hearing under this section. Failure by such person to appear 54 for the scheduled hearing shall constitute a waiver of such hearing, 55 provided, however, that such person may petition the commissioner for a 56 new hearing which shall be held as soon as practicable. 
 S. 3008 13 A. 3008 1 (d) Sanctions. (1) Revocations. a. Any license which has been revoked 2 pursuant to paragraph (c) of this subdivision shall not be restored for 3 at least one year after such revocation, nor thereafter, except in the 4 discretion of the commissioner. However, no such license shall be 5 restored for at least eighteen months after such revocation, nor there- 6 after except in the discretion of the commissioner, in any case where 7 the person has had a prior revocation resulting from refusal to submit 8 to a chemical test or an evaluation conducted by a certified drug recog- 9 nition expert or any portion thereof, or has been convicted of or found 10 to be in violation of any subdivision of section eleven hundred ninety- 11 two or section eleven hundred ninety-two-a of this article not arising 12 out of the same incident, within the five years immediately preceding 13 the date of such revocation; provided, however, a prior finding that a 14 person under the age of twenty-one has refused to submit to a chemical 15 test or an evaluation conducted by a certified drug recognition expert 16 or any portion thereof pursuant to subdivision three of section eleven 17 hundred ninety-four-a of this article shall have the same effect as a 18 prior finding of a refusal pursuant to this subdivision solely for the 19 purpose of determining the length of any license suspension or revoca- 20 tion required to be imposed under any provision of this article, 21 provided that the subsequent offense or refusal is committed or occurred 22 prior to the expiration of the retention period for such prior refusal 23 as set forth in paragraph (k) of subdivision one of section two hundred 24 one of this chapter. 25 b. Any license which has been revoked pursuant to paragraph (c) of 26 this subdivision or pursuant to subdivision three of section eleven 27 hundred ninety-four-a of this article, where the holder was under the 28 age of twenty-one years at the time of such refusal, shall not be 29 restored for at least one year, nor thereafter, except in the discretion 30 of the commissioner. Where such person under the age of twenty-one years 31 has a prior finding, conviction or youthful offender adjudication 32 resulting from a violation of section eleven hundred ninety-two or 33 section eleven hundred ninety-two-a of this article, not arising from 34 the same incident, such license shall not be restored for at least one 35 year or until such person reaches the age of twenty-one years, whichever 36 is the greater period of time, nor thereafter, except in the discretion 37 of the commissioner. 38 c. Any commercial driver's license which has been revoked pursuant to 39 paragraph (c) of this subdivision based upon a finding of refusal to 40 submit to a chemical test or an evaluation conducted by a certified drug 41 recognition expert or any portion thereof, where such finding occurs 42 within or outside of this state, shall not be restored for at least 43 eighteen months after such revocation, nor thereafter, except in the 44 discretion of the commissioner, but shall not be restored for at least 45 three years after such revocation, nor thereafter, except in the 46 discretion of the commissioner, if the holder of such license was oper- 47 ating a commercial motor vehicle transporting hazardous materials at the 48 time of such refusal. However, such person shall be permanently disqual- 49 ified from operating a commercial motor vehicle in any case where the 50 holder has a prior finding of refusal to submit to a chemical test or an 51 evaluation thereof conducted by a certified drug recognition expert or 52 any portion thereof pursuant to this section or has a prior conviction 53 of any of the following offenses: any violation of section eleven 54 hundred ninety-two of this article; any violation of subdivision one or 55 two of section six hundred of this chapter; or has a prior conviction of 56 any felony involving the use of a motor vehicle pursuant to paragraph 
 S. 3008 14 A. 3008 1 (a) of subdivision one of section five hundred ten-a of this chapter. 2 Provided that the commissioner may waive such permanent revocation after 3 a period of ten years has expired from such revocation provided: 4 (i) that during such ten year period such person has not been found to 5 have refused a chemical test or an evaluation conducted by a certified 6 drug recognition expert or any portion thereof pursuant to this section 7 and has not been convicted of any one of the following offenses: any 8 violation of section eleven hundred ninety-two of this article; refusal 9 to submit to a chemical test or an evaluation conducted by a certified 10 drug recognition expert or any portion thereof pursuant to this section; 11 any violation of subdivision one or two of section six hundred of this 12 chapter; or has a prior conviction of any felony involving the use of a 13 motor vehicle pursuant to paragraph (a) of subdivision one of section 14 five hundred ten-a of this chapter; 15 (ii) that such person provides acceptable documentation to the commis- 16 sioner that such person is not in need of alcohol or drug treatment or 17 has satisfactorily completed a prescribed course of such treatment; and 18 (iii) after such documentation is accepted, that such person is grant- 19 ed a certificate of relief from disabilities or a certificate of good 20 conduct pursuant to article twenty-three of the correction law by the 21 court in which such person was last penalized. 22 d. Upon a third finding of refusal and/or conviction of any of the 23 offenses which require a permanent commercial driver's license revoca- 24 tion, such permanent revocation may not be waived by the commissioner 25 under any circumstances. 26 (2) Civil penalties. Except as otherwise provided, any person whose 27 license, permit to drive, or any non-resident operating privilege is 28 revoked pursuant to the provisions of this section shall also be liable 29 for a civil penalty in the amount of five hundred dollars except that if 30 such revocation is a second or subsequent revocation pursuant to this 31 section issued within a five year period, or such person has been 32 convicted of a violation of any subdivision of section eleven hundred 33 ninety-two of this article within the past five years not arising out of 34 the same incident, the civil penalty shall be in the amount of seven 35 hundred fifty dollars. Any person whose license is revoked pursuant to 36 the provisions of this section based upon a finding of refusal to submit 37 to a chemical test or an evaluation conducted by a certified drug recog- 38 nition expert or any portion thereof while operating a commercial motor 39 vehicle shall also be liable for a civil penalty of five hundred fifty 40 dollars except that if such person has previously been found to have 41 refused a chemical test or an evaluation conducted by a certified drug 42 recognition expert or any portion thereof pursuant to this section while 43 operating a commercial motor vehicle or has a prior conviction of any of 44 the following offenses while operating a commercial motor vehicle: any 45 violation of section eleven hundred ninety-two of this article; any 46 violation of subdivision two of section six hundred of this chapter; or 47 has a prior conviction of any felony involving the use of a commercial 48 motor vehicle pursuant to paragraph (a) of subdivision one of section 49 five hundred ten-a of this chapter, then the civil penalty shall be 50 seven hundred fifty dollars. No new driver's license or permit shall be 51 issued, or non-resident operating privilege restored to such person 52 unless such penalty has been paid. All penalties collected by the 53 department pursuant to the provisions of this section shall be the prop- 54 erty of the state and shall be paid into the general fund of the state 55 treasury. 
 S. 3008 15 A. 3008 1 (3) Effect of rehabilitation program. No period of revocation arising 2 out of this section may be set aside by the commissioner for the reason 3 that such person was a participant in the alcohol and drug rehabili- 4 tation program set forth in section eleven hundred ninety-six of this 5 article. 6 (e) Regulations. The commissioner shall promulgate such rules and 7 regulations as may be necessary to effectuate the provisions of subdivi- 8 sions one and two of this section. 9 (f) Evidence. Evidence of a refusal to submit to such chemical test or 10 any portion thereof or an evaluation conducted by a certified drug 11 recognition expert or any portion thereof shall be admissible in any 12 trial, proceeding or hearing based upon a violation of the provisions of 13 section eleven hundred ninety-two of this article but only upon a show- 14 ing that the person was given sufficient warning, in clear and unequiv- 15 ocal language, of the effect of such refusal and that the person 16 persisted in the refusal. Evidence of a refusal shall be admissible 17 pursuant to this section regardless of the time of the refusal. 18 (g) Results. Upon the request of the person who was tested, the 19 results of such test shall be made available to such person. 20 3. Compulsory chemical tests. (a) Court ordered chemical tests. 21 Notwithstanding the provisions of subdivision two of this section, no 22 person who operates a motor vehicle in this state may refuse to submit 23 to a chemical test of one or more of the following: breath, blood, urine 24 or [saliva] oral/bodily fluids, for the purpose of determining the alco- 25 holic and/or drug content of the blood or oral/bodily fluids when a 26 court order for such chemical test has been issued in accordance with 27 the provisions of this subdivision. 28 (b) When authorized. Upon refusal by any person to submit to a chemi- 29 cal test or any portion thereof as described above, the test shall not 30 be given unless a police officer or a district attorney, as defined in 31 subdivision thirty-two of section 1.20 of the criminal procedure law, 32 requests and obtains a court order to compel a person to submit to a 33 chemical test to determine the alcoholic or drug content of the person's 34 blood or oral/bodily fluids upon a finding of reasonable cause to 35 believe that: 36 (1) such person was the operator of a motor vehicle and in the course 37 of such operation [a person other than the operator was killed or 38 suffered serious physical injury as defined in section 10.00 of the 39 penal law] the motor vehicle was involved in a crash; or personal injury 40 has been caused to another person, due to an incident involving the 41 motor vehicle operated by such person; or such person has a previous 42 conviction for a violation of any subdivision of section eleven hundred 43 ninety-two of this article; and 44 (2) a. either such person operated the vehicle in violation of any 45 subdivision of section eleven hundred ninety-two of this article, or 46 b. a breath test or oral/bodily fluid test administered by a police 47 officer in accordance with paragraph (b) of subdivision one of this 48 section indicates that alcohol or a drug or drugs has been consumed by 49 such person; and 50 (3) such person has been placed under lawful arrest; and 51 (4) such person has refused to submit to a chemical test or any 52 portion thereof or an evaluation conducted by a certified drug recogni- 53 tion expert, or any portion thereof, requested in accordance with the 54 provisions of paragraph (a) of subdivision two of this section or is 55 unable to give consent to such a test. 
 S. 3008 16 A. 3008 1 (c) Reasonable cause; definition. For the purpose of this subdivision 2 "reasonable cause" shall be determined by viewing the totality of 3 circumstances surrounding the incident which, when taken together, indi- 4 cate that the operator was driving in violation of section eleven 5 hundred ninety-two of this article. Such circumstances may include, but 6 are not limited to: evidence that the operator was operating a motor 7 vehicle in violation of any provision of this article or any other 8 moving violation at the time of the incident; any visible indication of 9 alcohol or drug consumption or impairment by the operator; the existence 10 of an open container containing an alcoholic beverage or a drug or drugs 11 in or around the vehicle driven by the operator; the odor of cannabis, 12 burnt cannabis or other drug; any other evidence surrounding the circum- 13 stances of the incident which indicates that the operator has been oper- 14 ating a motor vehicle while impaired by the consumption of alcohol or 15 drugs or intoxicated at the time of the incident. 16 (d) Court order; procedure. (1) An application for a court order to 17 compel submission to a chemical test or any portion thereof, may be made 18 to any supreme court justice, county court judge or district court judge 19 in the judicial district in which the incident occurred, or if the inci- 20 dent occurred in the city of New York before any supreme court justice 21 or judge of the criminal court of the city of New York. Such application 22 may be communicated by telephone, radio or other means of electronic 23 communication, or in person. 24 (2) The applicant must provide identification by name and title and 25 must state the purpose of the communication. Upon being advised that an 26 application for a court order to compel submission to a chemical test is 27 being made, the court shall place under oath the applicant and any other 28 person providing information in support of the application as provided 29 in subparagraph three of this paragraph. After being sworn the applicant 30 must state that the person from whom the chemical test was requested was 31 the operator of a motor vehicle and in the course of such operation [a 32 person, other than the operator, has been killed or seriously injured] 33 the motor vehicle was involved in a crash; or personal injury has been 34 caused to another person, due to an incident involving the motor vehicle 35 operated by such person; or such person has a previous arrest for a 36 violation of any subdivision of section eleven hundred ninety-two of 37 this article; and, based upon the totality of circumstances, there is 38 reasonable cause to believe that such person was operating a motor vehi- 39 cle in violation of any subdivision of section eleven hundred ninety-two 40 of this article and, after being placed under lawful arrest such person 41 refused to submit to a chemical test or any portion thereof, in accord- 42 ance with the provisions of this section or is unable to give consent to 43 such a test or any portion thereof. The applicant must make specific 44 allegations of fact to support such statement. Any other person properly 45 identified, may present sworn allegations of fact in support of the 46 applicant's statement. 47 (3) Upon being advised that an oral application for a court order to 48 compel a person to submit to a chemical test is being made, a judge or 49 justice shall place under oath the applicant and any other person 50 providing information in support of the application. Such oath or oaths 51 and all of the remaining communication must be recorded, either by means 52 of a voice recording device or verbatim stenographic or verbatim long- 53 hand notes. If a voice recording device is used or a stenographic record 54 made, the judge must have the record transcribed, certify to the accura- 55 cy of the transcription and file the original record and transcription 56 with the court within seventy-two hours of the issuance of the court 
 S. 3008 17 A. 3008 1 order. If the longhand notes are taken, the judge shall subscribe a copy 2 and file it with the court within twenty-four hours of the issuance of 3 the order. 4 (4) If the court is satisfied that the requirements for the issuance 5 of a court order pursuant to the provisions of paragraph (b) of this 6 subdivision have been met, it may grant the application and issue an 7 order requiring the accused to submit to a chemical test to determine 8 the alcoholic and/or drug content of [his] their blood [and] or 9 oral/bodily fluids and ordering the withdrawal of a blood or oral/bodily 10 fluid sample in accordance with the provisions of paragraph (a) of 11 subdivision four of this section. When a judge or justice determines to 12 issue an order to compel submission to a chemical test based on an oral 13 application, the applicant therefor shall prepare the order in accord- 14 ance with the instructions of the judge or justice. In all cases the 15 order shall include the name of the issuing judge or justice, the name 16 of the applicant, and the date and time it was issued. It must be 17 signed by the judge or justice if issued in person, or by the applicant 18 if issued orally. 19 (5) Any false statement by an applicant or any other person in support 20 of an application for a court order shall subject such person to the 21 offenses for perjury set forth in article two hundred ten of the penal 22 law. 23 (6) The chief administrator of the courts shall establish a schedule 24 to provide that a sufficient number of judges or justices will be avail- 25 able in each judicial district to hear oral applications for court 26 orders as permitted by this section. 27 (e) Administration of compulsory chemical test. An order issued pursu- 28 ant to the provisions of this subdivision shall require that a chemical 29 test to determine the alcoholic and/or drug content of the operator's 30 blood or oral/bodily fluid must be administered. The provisions of para- 31 graphs (a), (b) and (c) of subdivision four of this section shall be 32 applicable to any chemical test administered pursuant to this section. 33 § 4. The subparagraph heading and clauses a and b of subparagraph 7 of 34 paragraph (e) of subdivision 2 of section 1193 of the vehicle and traf- 35 fic law, as added by chapter 312 of the laws of 1994, clause a as 36 amended by chapter 732 of the laws of 2006, and clause b as separately 37 amended by chapters 3 and 571 of the laws of 2002, are amended to read 38 as follows: 39 Suspension pending prosecution; excessive blood alcohol content or 40 impairment by a drug or drugs. a. Except as provided in clause a-1 of 41 this subparagraph, a court shall suspend a driver's license, pending 42 prosecution, of any person charged with a violation of subdivision two, 43 two-a, three, four or four-a of section eleven hundred ninety-two of 44 this article who, at the time of arrest, is alleged to have had .08 of 45 one percent or more by weight of alcohol in such driver's blood or is 46 alleged to have been impaired by the ingestion of a drug or drugs as 47 shown by chemical analysis of blood, breath, urine or [saliva] 48 oral/bodily fluid, or by an evaluation conducted by a certified drug 49 recognition expert, or any portion thereof, made pursuant to subdivision 50 two or three of section eleven hundred ninety-four of this article, or 51 the driver makes a statement admitting to driving while intoxicated by 52 alcohol or while impaired by a drug or drugs. 53 b. The suspension occurring under clause a of this subparagraph shall 54 occur no later than at the conclusion of all proceedings required for 55 the arraignment and the suspension occurring under clause a-1 of this 56 subparagraph shall occur immediately after the holder's first appearance 
 S. 3008 18 A. 3008 1 before the court on the charge which shall, whenever possible, be the 2 next regularly scheduled session of the court after the arrest or at the 3 conclusion of all proceedings required for the arraignment; provided, 4 however, that if the results of any test administered pursuant to 5 section eleven hundred ninety-four of this article are not available 6 within such time period, the complainant police officer or other public 7 servant shall transmit such results to the court at the time they become 8 available, and the court shall, as soon as practicable following the 9 receipt of such results and in compliance with the requirements of this 10 subparagraph, suspend such license. In order for the court to impose 11 such suspension it must find that the accusatory instrument conforms to 12 the requirements of section 100.40 of the criminal procedure law and 13 there exists reasonable cause to believe either that (a) the holder 14 operated a motor vehicle while such holder had .08 of one percent or 15 more by weight of alcohol or was impaired by the ingestion of a drug or 16 drugs in [his or her] their blood as was shown by chemical analysis of 17 such person's blood, breath, urine or [saliva] oral/bodily fluid, or by 18 an evaluation conducted by a certified drug recognition expert, or any 19 portion thereof, made pursuant to the provisions of section eleven 20 hundred ninety-four of this article or the driver makes a statement 21 admitting to driving while intoxicated by alcohol or while impaired by a 22 drug or drugs or (b) the person was the holder of a class DJ or MJ 23 learner's permit or a class DJ or MJ driver's license and operated a 24 motor vehicle while such holder was in violation of subdivision one, two 25 and/or three of section eleven hundred ninety-two of this article. At 26 the time of such license suspension the holder shall be entitled to an 27 opportunity to make a statement regarding these two issues and to pres- 28 ent evidence tending to rebut the court's findings. 29 § 5. This act shall take effect immediately. 30 PART F 31 Section 1. Paragraph 2 of subdivision (a) of section 1642 of the vehi- 32 cle and traffic law is amended to read as follows: 33 2. Parking, standing, stopping and backing of vehicles, except in 34 violation of subparagraph b of paragraph two of subdivision (a) of 35 section twelve hundred two of this chapter where such violation occurs 36 within one thousand feet of a school grounds, as defined in subdivision 37 two of section four hundred nine of the education law, where such school 38 grounds is a public, nonpublic, or charter elementary school serving 39 students in any grade through grade five, provided that the intersection 40 is adjacent to a city block where such school grounds is located. 41 § 2. This act shall take effect on the one hundred eightieth day after 42 it shall have become a law. 43 PART G 44 Section 1. Subdivision (c) of section 102-c of the vehicle and traffic 45 law, as added by section 1 of part XX of chapter 58 of the laws of 2020, 46 is amended to read as follows: 47 (c) "Class three bicycle with electric assist." Solely within a city 48 having a population of one million or more, a bicycle weighing less than 49 one-hundred pounds with electric assist having an electric motor that 50 may be used exclusively to propel such bicycle, and that is not capable 51 of providing assistance when such bicycle reaches a speed of twenty-five 52 miles per hour. 
 S. 3008 19 A. 3008 1 § 2. Section 121-b of the vehicle and traffic law, as amended by chap- 2 ter 160 of the laws of 1981, is amended to read as follows: 3 § 121-b. Limited use motorcycle. (a) A limited use vehicle having only 4 two or three wheels, with a seat or saddle for the operator. A limited 5 use motorcycle having a maximum performance speed, of more than thirty 6 miles per hour but not more than forty miles per hour shall be a class A 7 limited use motorcycle. A limited use motorcycle having a maximum 8 performance speed of more than twenty miles per hour but not more than 9 thirty miles per hour, shall be a class B limited use motorcycle. A 10 limited use motorcycle having a maximum performance speed of not more 11 than twenty miles per hour shall be a class C limited use motorcycle. 12 (b) A class three bicycle with electric assist as defined in subdivi- 13 sion (c) of section one hundred two-c of this article, weighing one-hun- 14 dred pounds or more. 15 § 3. This act shall take effect on the one hundred eightieth day after 16 it shall have become a law. 17 PART H 18 Section 1. Subdivision (a) of section 1642 of the vehicle and traffic 19 law is amended by adding a new paragraph 28 to read as follows: 20 28. Establishment of maximum speed limits at which bicycles, bicycles 21 with electric assist, electric scooters and other devices authorized or 22 required to use bicycle lanes and bicycle paths may proceed in such 23 bicycle lanes and bicycle paths, subject to any other speed limit appli- 24 cable to any such device imposed by this chapter or any other law or 25 rule; provided, however, that such speed limits established in bicycle 26 lanes may be no higher than the speed limit established for vehicles 27 using the same highway outside of a bicycle lane, and that such speed 28 limits established in bicycle paths may be no higher than the speed 29 limit established for vehicles using the same or adjacent highway to 30 such bicycle path. Such speed limits may be applicable throughout such 31 city, within designated areas of such city, or on designated bicycle 32 lanes or bicycle paths, or portions thereof, within such city. 33 § 2. This act shall take effect immediately. 34 PART I 35 Section 1. Section 3 of part PP of chapter 54 of the laws of 2016 36 amending the public authorities law and the general municipal law relat- 37 ing to the New York transit authority and the metropolitan transporta- 38 tion authority, as amended by section 1 of part A of chapter 58 of the 39 laws of 2024, is amended to read as follows: 40 § 3. This act shall take effect immediately; provided that the amend- 41 ments to subdivision 1 of section 119-r of the general municipal law 42 made by section two of this act shall expire and be deemed repealed 43 April 1, [2025] 2035, and provided further that such repeal shall not 44 affect the validity or duration of any contract entered into before that 45 date pursuant to paragraph f of such subdivision. 46 § 2. This act shall take effect immediately. 47 PART J 48 Section 1. Section 45 of chapter 929 of the laws of 1986 amending the 49 tax law and other laws relating to the metropolitan transportation 
 S. 3008 20 A. 3008 1 authority, as amended by section 1 of part G of chapter 58 of the laws 2 of 2023, is amended to read as follows: 3 § 45. This act shall take effect immediately; except that: (a) para- 4 graph (d) of subdivision 3 of section 1263 of the public authorities 5 law, as added by section twenty-six of this act, shall be deemed to have 6 been in full force and effect on and after August 5, 1986; (b) sections 7 thirty-three and thirty-four of this act shall not apply to a certified 8 or recognized public employee organization which represents any public 9 employees described in subdivision 16 of section 1204 of the public 10 authorities law and such sections shall expire on July 1, [2025] 2027 11 and nothing contained within these sections shall be construed to divest 12 the public employment relations board or any court of competent juris- 13 diction of the full power or authority to enforce any order made by the 14 board or such court prior to the effective date of this act; (c) the 15 provisions of section thirty-five of this act shall expire on March 31, 16 1987; and (d) provided, however, the commissioner of taxation and 17 finance shall have the power to enforce the provisions of sections two 18 through nine of this act beyond December 31, 1990 to enable such commis- 19 sioner to collect any liabilities incurred prior to January 1, 1991. 20 § 2. This act shall take effect immediately. 21 PART K 22 Section 1. Paragraph (a) of subdivision 12-a of section 1266 of the 23 public authorities law, as added by section 2 of part VVV of chapter 58 24 of the laws of 2020, is amended to read as follows: 25 (a) Whenever the authority determines in consultation with the city of 26 New York that it is necessary to obtain the temporary or permanent use, 27 occupancy, control or possession of vacant or undeveloped or underuti- 28 lized but replaceable real property, or any interest therein, or subsur- 29 face real property or any interest therein then owned by the city of New 30 York for a project in [the two thousand fifteen to two thousand nineteen 31 or the two thousand twenty to two thousand twenty-four approved capital 32 programs to (i) install one or more elevators to make one or more subway 33 stations more accessible, (ii) construct or reconstruct an electrical 34 substation to increase available power to the subway system to expand 35 passenger capacity or reliability, or (iii) in connection with the capi- 36 tal project to construct four commuter railroad passengers stations in 37 the borough of the Bronx known as Penn Station access] a capital program 38 approved pursuant to section twelve hundred sixty-nine-b of this title, 39 the authority upon approval by the board of the metropolitan transporta- 40 tion authority and upon suitable notice and with the consent of the city 41 of New York may cause the title to such real property, or any interest 42 therein, to be transferred to the authority by adding it to the agree- 43 ment of lease dated June first, nineteen hundred fifty-three, as 44 amended, renewed and supplemented, authorized by section twelve hundred 45 three of this article, or may itself acquire title to such property from 46 the city of New York, and any such transfer or acquisition of real prop- 47 erty shall be subject to the provisions of subdivision five of section 48 twelve hundred sixty-six-c of this title. Nothing in this subdivision 49 shall be deemed to authorize any temporary or permanent transfer or 50 acquisition of real property, or interest therein, that is dedicated 51 parkland without separate legislative approval of such alienation. 52 § 2. Section 3 of part VVV of chapter 58 of the laws of 2020 amending 53 the public authorities law relating to acquisitions or transfers of 54 property for transit projects is amended to read as follows: 
 S. 3008 21 A. 3008 1 § 3. This act shall take effect immediately and shall expire and be 2 deemed repealed on December 31, [2025] 2030; provided, however, that the 3 repeal of this act shall not affect any transfer or acquisition pursuant 4 to all of the terms of section two of this act that has been approved by 5 the board of the metropolitan transportation authority before such 6 repeal date. 7 § 3. This act shall take effect immediately; provided however that the 8 amendments to paragraph (a) of subdivision 12-a of section 1266 of the 9 public authorities law made by section one of this act shall not affect 10 the repeal of such subdivision and shall be deemed repealed therewith. 11 PART L 12 Section 1. Section 5 of part UUU of chapter 58 of the laws of 2020 13 amending the state finance law relating to providing funding for the 14 Metropolitan Transportation Authority 2020-2024 capital program and 15 paratransit operating expenses, is amended by adding a new subdivision 16 (c) to read as follows: 17 (c) Notwithstanding subdivisions (a) and (b) of this section, starting 18 July first, two thousand twenty-five, the city will fund eighty percent 19 of the net paratransit operating expenses of the MTA, provided that such 20 contribution shall not exceed, for each twelve-month period ending June 21 thirtieth, the sum of: (i) fifty percent of the net paratransit operat- 22 ing expenses and (ii) one hundred sixty-five million dollars. Net para- 23 transit operating expenses shall be calculated monthly by the MTA and 24 will consist of the total paratransit operating expenses of the program 25 minus the six percent of the urban tax dedicated to paratransit services 26 as of the effective date of this subdivision and minus any money 27 collected as passenger fares from paratransit operations. 28 § 2. Section 9 of part UUU of chapter 58 of the laws of 2020 amending 29 the state finance law relating to providing funding for the Metropolitan 30 Transportation Authority 2020-2024 capital program and paratransit oper- 31 ating expenses, as amended by section 3 of part D of chapter 58 of the 32 laws of 2023, is amended to read as follows: 33 § 9. This act shall take effect immediately[; provided that sections 34 five through seven of this act shall expire and be deemed repealed June 35 30, 2030; and provided further that such repeal shall not affect or 36 otherwise reduce amounts owed to the metropolitan transportation author- 37 ity paratransit assistance fund to meet the city's share of the net 38 paratransit operating expenses of the MTA for services provided prior to 39 June 30, 2030]. 40 § 3. This act shall take effect immediately. 41 PART M 42 Section 1. This act commits the state of New York and the city of New 43 York ("city") to fund, over a multi-year period, $6,000,000,000 in capi- 44 tal costs related to projects contained in the Metropolitan Transporta- 45 tion Authority ("MTA") 2025-2029 capital program ("capital program"). 46 The state share of $3,000,000,000 and the city share of $3,000,000,000 47 shall be provided to pay the capital costs of the capital program. The 48 funds committed by the state and city shall be provided concurrently, 49 and in proportion to the respective shares of each, in accordance with 50 the funding needs of the capital program. 
 S. 3008 22 A. 3008 1 § 2. (a) No funds dedicated for operating assistance of the MTA shall 2 be used to reduce or supplant the commitment of the state or city to 3 provide $6,000,000,000 pursuant to section one of this act. 4 (b) The city and state's share of funds provided concurrently pursuant 5 to section one of this act shall be scheduled and paid to the MTA on a 6 schedule to be determined by the state director of the budget. In order 7 to determine the adequacy and pace of the level of state and city fund- 8 ing in support of the MTA's capital program, and to gauge the availabil- 9 ity of MTA capital resources planned for the capital program, the direc- 10 tor of the budget and the city may request, and the MTA shall provide, 11 periodic reports on the MTA's capital programs and financial activities. 12 The city shall certify to the state comptroller and the New York state 13 director of the budget, no later than seven days after making each 14 payment pursuant to this section, the amount of the payments and the 15 date upon which such payments were made. 16 § 3. (a) Notwithstanding any provision of law to the contrary, in the 17 event the city fails to certify to the state comptroller and the New 18 York state director of the budget that the city has paid in full any 19 concurrent payment required by section two of this act, the New York 20 state director of the budget shall direct the state comptroller to 21 transfer, collect, or deposit funds in accordance with subdivision (b) 22 of this section in an amount equal to the unpaid balance of any payment 23 required by section two of this act, provided that any such deposits 24 shall be counted against the city share of the Metropolitan Transporta- 25 tion Authority (MTA) 2025-2029 capital program (capital program) pursu- 26 ant to section one of this act. Such direction shall be pursuant to a 27 written plan or plans filed with the state comptroller, the chairperson 28 of the senate finance committee and the chairperson of the assembly ways 29 and means committee. 30 (b) Notwithstanding any provision of law to the contrary and as set 31 forth in a plan or plans submitted by the New York state director of the 32 budget pursuant to subdivision (a) of this section, the state comp- 33 troller is hereby directed and authorized to: (i) transfer funds author- 34 ized by any undisbursed general fund aid to localities appropriations or 35 state special revenue fund aid to localities appropriations, excluding 36 debt service, fiduciary, and federal fund appropriations, to the city to 37 the Metropolitan Transportation Authority capital assistance fund estab- 38 lished by section 92-ii of the state finance law in accordance with such 39 plan; and/or (ii) collect and deposit into the Metropolitan Transporta- 40 tion Authority capital assistance fund established by section 92-ii of 41 the state finance law funds from any other revenue source of the city, 42 including the sales and use tax, in accordance with such plan. The state 43 comptroller is hereby authorized and directed to make such transfers, 44 collections and deposits as soon as practicable but not more than 3 days 45 following the transmittal of such plan to the comptroller in accordance 46 with subdivision (a) of this section. 47 (c) Notwithstanding any provision of law to the contrary, the state's 48 obligation and/or liability to fund any program included in general fund 49 aid to localities appropriations or state special revenue fund aid to 50 localities appropriations from which funds are transferred pursuant to 51 subdivision (b) of this section shall be reduced in an amount equal to 52 such transfer or transfers. 53 § 4. Subdivisions 2 and 3 of section 92-ii of the state finance law, 54 as added by section 4 of part UUU of chapter 58 of the laws of 2020, are 55 amended to read as follows: 
 S. 3008 23 A. 3008 1 2. Such fund shall consist of any monies directed thereto pursuant to 2 the provisions of section three of [the] part UUU of [the] chapter 3 fifty-eight of the laws of two thousand twenty [which added this 4 section] and to the provisions of section three of the part of the chap- 5 ter of the laws of two thousand twenty-five which amended this subdivi- 6 sion. 7 3. All monies deposited into the fund pursuant to [the] part UUU of 8 [the] chapter fifty-eight of the laws of two thousand twenty [which 9 added this section] and the part of the chapter of the laws of two thou- 10 sand twenty-five which amended this subdivision shall be paid to the 11 metropolitan transportation authority by the comptroller, without appro- 12 priation, for use in the same manner as the payments required by section 13 two of such part, as soon as practicable but not more than five days 14 from the date the comptroller determines that the full amount of the 15 unpaid balance of any payment required by section three of part UUU of 16 chapter fifty-eight of the laws of two thousand twenty and by section 17 three of such part of the chapter of the laws of two thousand twenty- 18 five which amended this subdivision has been deposited into the fund. 19 § 5. This act shall take effect immediately. 20 PART N 21 Section 1. The vehicle and traffic law is amended by adding a new 22 section 385-b to read as follows: 23 § 385-b. Owner liability for failure of operator to comply with weight 24 restrictions on a covered agency and authority's facilities. 1. (a) 25 Notwithstanding any other provision of law, a covered agency or authori- 26 ty may establish a weigh-in-motion program on its facilities imposing 27 monetary liability on the owner of a vehicle for failure of an operator 28 thereof to comply with gross vehicle weight and/or axle weight 29 restrictions on such facilities in accordance with the provisions of 30 this section. Such program shall empower the covered agency or authority 31 to install and operate weigh-in-motion violation monitoring systems on 32 its facilities. Such systems may be activated at locations on such 33 portion of its facilities as determined by the covered agency or author- 34 ity. A covered agency or authority may enter into a memorandum of agree- 35 ment with another covered agency or authority for the purposes of coor- 36 dinating the planning, design, installation, operation, construction and 37 maintenance of such weigh-in-motion program. Such memorandum shall 38 address, for purposes of such program, the use of systems, devices and 39 other facilities owned and operated by the other covered agency or 40 authority. 41 (b) No weigh-in-motion violation monitoring system shall be used 42 unless: (i) on the day it is to be used it has undergone a self-test 43 for the operation of such system; and (ii) it has undergone an annual 44 calibration check performed pursuant to paragraph (c) of this subdivi- 45 sion. A result of the daily self-test for each such system shall include 46 the date and time that the self-test was successfully performed. The 47 covered agency or authority shall retain each such daily self-test until 48 the later of the date on which the weigh-in-motion system to which it 49 applies has been permanently removed from use or the final resolution of 50 all cases involving notices of liability issued based on photographs, 51 microphotographs, video or other recorded images, and information and 52 data generated in conjunction therewith, produced by such system. 53 (c) Each weigh-in-motion violation monitoring system shall undergo a 54 calibration check every twelve months in accordance with specifications 
 S. 3008 24 A. 3008 1 prescribed pursuant to a memorandum of agreement between the covered 2 agency or authority and the New York state department of agriculture and 3 markets, or in accordance with an applicable reference standard as 4 determined by the covered agency or authority. Such calibration check 5 shall be performed by an independent calibration laboratory, which shall 6 issue a signed certificate of calibration on its letterhead to the 7 covered agency or authority. Nothing contained in this paragraph shall 8 be deemed to require the signature of a notary public on such certif- 9 icate. The covered agency or authority shall retain each such annual 10 certificate of calibration on file until the final resolution of all 11 cases involving notices of liability issued during such twelve-month 12 time period which were based on photographs, microphotographs, video or 13 other recorded images, and information and data generated in conjunction 14 therewith, produced by such weigh-in-motion violation monitoring system. 15 (d) The covered agency or authority shall monitor the system by evalu- 16 ating information and data collected from sensor readings of each weigh- 17 in-motion violation monitoring system. The covered agency or authority 18 shall promulgate rules for monitoring collected data, responding to 19 system alerts, and establishing a protocol for action which may include 20 recertification. 21 (e) Weigh-in-motion violation monitoring systems used in accordance 22 with the weigh-in-motion program authorized pursuant to this section 23 shall be operated only on the covered agency or authority's facilities 24 or on another agency or authority's facilities if agreed upon in a memo- 25 randum of agreement. 26 (f) (i) No photograph, microphotograph, videotape or other recorded 27 image, nor any information and data generated in conjunction therewith, 28 shall be used for any purpose other than as specified in this section, 29 except as may be otherwise provided by this paragraph. Notwithstanding 30 the above, all information and data from weigh-in-motion violation moni- 31 toring systems may be shared among covered agencies and authorities for 32 the purposes of monitoring impacts to a covered agency or authority's 33 facilities and for reporting purposes. 34 (ii) Such program shall utilize necessary technologies to ensure, to 35 the extent practicable, that photographs, microphotographs, videotape or 36 other recorded images produced by such weigh-in-motion violation moni- 37 toring systems shall not include images that identify the driver, the 38 passengers, or the contents of the vehicle. Provided, however, that no 39 notice of liability issued pursuant to this section shall be dismissed 40 solely because such a photograph, microphotograph, videotape or other 41 recorded image allows for the identification of the driver, the passen- 42 gers, or the contents of vehicles where the covered agency or authority 43 shows that it made reasonable efforts to comply with the provisions of 44 this paragraph in such case. 45 (iii) Photographs, microphotographs, videotape or any other recorded 46 image, and any information and data generated in conjunction therewith, 47 produced by a weigh-in-motion violation monitoring system shall be for 48 the exclusive use of the covered agency or authority, or by use of 49 another covered agency or authority adjudicating on behalf of a covered 50 agency, for the purpose of the adjudication of liability imposed pursu- 51 ant to this section, and of the owner receiving a notice of liability 52 pursuant to this section, and as required by the covered agency or 53 authority to study the impact of overweight vehicles on its facilities 54 and management of such facilities, and shall be destroyed by the covered 55 agency or authority, or another covered agency or authority where appli- 56 cable, upon the final resolution of the notice of liability to which 
 S. 3008 25 A. 3008 1 such photographs, microphotographs, videotape or other recorded images 2 and information and data generated in conjunction therewith relate, or 3 one year following the date of issuance of such notice of liability, 4 whichever is later. Notwithstanding the provisions of any other law, 5 rule or regulation to the contrary, photographs, microphotographs, vide- 6 otape or any other recorded image, and information and data generated in 7 conjunction therewith, from a weigh-in-motion violation monitoring 8 system shall not be open to the public, nor subject to civil or criminal 9 process or discovery, nor used by any court or administrative or adjudi- 10 catory body in any action or proceeding therein except that which is 11 necessary for the adjudication of a notice of liability issued pursuant 12 to this section, and no public entity or employee, officer or agent 13 thereof shall disclose such information, except that such photographs, 14 microphotographs, videotape or any other recorded images, and informa- 15 tion and data generated in conjunction therewith, from such systems: 16 (A) shall be available for inspection and copying and use by the motor 17 vehicle owner and operator for so long as such photographs, microphoto- 18 graphs, videotape or other recorded images, information and data are 19 required to be maintained or are maintained by such public entity, 20 employee, officer or agent; and 21 (B) (1) shall be furnished when described in a search warrant issued 22 by a court authorized to issue such a search warrant pursuant to article 23 six hundred ninety of the criminal procedure law or a federal court 24 authorized to issue such a search warrant under federal law, where such 25 search warrant states that there is reasonable cause to believe such 26 information constitutes evidence of, or tends to demonstrate that, a 27 misdemeanor or felony offense was committed in this state or another 28 state, or that a particular person participated in the commission of a 29 misdemeanor or felony offense in this state or another state, provided, 30 however, that if such offense was against the laws of another state, the 31 court shall only issue a warrant if the conduct comprising such offense 32 would, if occurring in this state, constitute a misdemeanor or felony 33 against the laws of this state; and 34 (2) shall be furnished in response to a subpoena duces tecum signed by 35 a judge of competent jurisdiction and issued pursuant to article six 36 hundred ten of the criminal procedure law or a judge or magistrate of a 37 federal court authorized to issue such a subpoena duces tecum under 38 federal law, where the judge finds and the subpoena states that there is 39 reasonable cause to believe such information is relevant and material to 40 the prosecution, or the defense, or the investigation by an authorized 41 law enforcement official, of the alleged commission of a misdemeanor or 42 felony in this state or another state, provided, however, that if such 43 offense was against the laws of another state, such judge or magistrate 44 shall only issue such subpoena if the conduct comprising such offense 45 would, if occurring in this state, constitute a misdemeanor or felony in 46 this state; and 47 (3) may, if lawfully obtained pursuant to this clause and clause (A) 48 of this subparagraph and otherwise admissible, be used in such criminal 49 action or proceeding. 50 (iv) The covered agency or authority shall install signage in advance 51 of locations where weigh-in-motion violation monitoring systems are in 52 operation giving notice to approaching motor vehicle operators that 53 weigh-in-motion violation monitoring systems are in use to enforce motor 54 vehicle weight restrictions. 55 (v) The covered agency or authority shall use oversight procedures to 56 ensure compliance with the aforementioned privacy protection measures. 
 S. 3008 26 A. 3008 1 2. If the covered agency or authority establishes a program pursuant 2 to subdivision one of this section, the owner of a vehicle shall be 3 liable for a penalty imposed pursuant to this section if such vehicle 4 was used or operated with the permission of the owner, express or 5 implied, on the covered agency's or authority's facilities in violation 6 of section three hundred eighty-five of this article and the rules and 7 regulations of the covered agency or authority in relation to gross 8 vehicle weight and/or axle weight, where such vehicle was traveling ten 9 percent or more above the gross vehicle weight or twenty percent or more 10 above the axle weight at the time of such violation as indicated by at 11 least two independently detected gross vehicle weight and/or axle weight 12 measurements obtained by a weigh-in-motion violation monitoring system, 13 and such violation is evidenced by information obtained from a weigh-in- 14 motion violation monitoring system; provided however that no owner of a 15 vehicle shall be liable for a penalty imposed pursuant to this section 16 where the operator of such vehicle: has been convicted of the underlying 17 violation of section three hundred eighty-five of this article and the 18 rules and regulations of the covered agency or authority in relation to 19 gross vehicle weight and/or axle weight; or operated such vehicle in 20 accordance with the terms and conditions of any overweight permit issued 21 in accordance with this chapter and any rules and regulations promulgat- 22 ed thereto. Where a vehicle is in violation of both gross vehicle weight 23 restrictions and axle weight restrictions, the owner shall be liable for 24 a separate penalty for each such violation. 25 3. For purposes of this section, the following terms shall have the 26 following meanings: 27 (a) "covered agency or authority" shall mean: (i) the department of 28 transportation established pursuant to article two of the transportation 29 law; (ii) the Triborough bridge and tunnel authority established pursu- 30 ant to title three of article three of the public authorities law; (iii) 31 the state bridge authority established pursuant to title two of article 32 three of the public authorities law; (iv) the port authority of New York 33 and New Jersey established pursuant to chapter one hundred fifty-four of 34 the laws of nineteen hundred twenty-one; (v) the New York city depart- 35 ment of transportation; and (vi) the New York state thruway authority 36 established pursuant to title nine of article two of the public authori- 37 ties law; 38 (b) "owner" shall have the meaning provided in section two hundred 39 thirty-nine of this chapter; 40 (c) "weigh-in-motion violation monitoring system" shall mean sensors, 41 capable of operating independently of an enforcement officer, installed 42 to work in conjunction with other devices to capture and record the 43 gross vehicle weight and the axle weight of a motor vehicle, which 44 produce at least two independently detected gross vehicle weight and/or 45 axle weight measurements and automatically produce two or more photo- 46 graphs, two or more microphotographs, a videotape or other recorded 47 images of each vehicle at the time it is used or operated in violation 48 of section three hundred eighty-five of this article and the rules and 49 regulations of the covered agency or authority in relation to gross 50 vehicle weight and/or axle weight, in accordance with the provisions of 51 this section; 52 (d) "weigh-in-motion program" shall mean the program authorized by 53 this section that operates exclusively on covered agency or authority 54 facilities; 
 S. 3008 27 A. 3008 1 (e) "covered agency or authority facilities" shall mean those sites 2 including but not limited to roadways, bridges, and highways owned, 3 operated and maintained by a covered agency or authority; and 4 (f) "rules and regulations of a covered agency or authority" shall 5 mean rules and regulations of an agency or authority described in para- 6 graph a of this subdivision. 7 4. A certificate, sworn to or affirmed by a technician employed by a 8 covered agency or authority or its agent, or a facsimile thereof, based 9 upon inspection of photographs, microphotographs, videotape or other 10 recorded images, and information and data generated in conjunction ther- 11 ewith, produced by a weigh-in-motion violation monitoring system, shall 12 be prima facie evidence of the facts contained therein. Nothing 13 contained in this subdivision shall be deemed to require the signature 14 of a notary public on such certificate. Any photographs, microphoto- 15 graphs, videotape or other recorded images evidencing such a violation 16 shall include an image of the motor vehicle alleged to be in violation 17 and the information and data generated in conjunction therewith and 18 shall be available for inspection reasonably in advance of and at any 19 proceeding to adjudicate the liability for such violation pursuant to 20 this section. 21 5. An owner liable for a violation of section three hundred eighty- 22 five of this article and the rules and regulations of a covered agency 23 or authority pursuant to a weigh-in-motion program established pursuant 24 to this section shall be liable for monetary penalties in accordance 25 with separate schedules of fines and penalties to be promulgated by a 26 covered agency or authority for a violation of section three hundred 27 eighty-five of this article and the rules and regulations of a covered 28 agency or authority in relation to gross vehicle weight and/or axle 29 weight. The liability of the owner pursuant to this section shall not 30 exceed three thousand seven hundred fifty dollars for each violation or 31 as otherwise provided for in section three hundred eighty-five of this 32 article, whichever is higher. 33 6. An imposition of liability under the weigh-in-motion program estab- 34 lished pursuant to this section shall not be deemed a conviction for an 35 operator. 36 7. (a) A notice of liability shall be sent by first class mail to each 37 person alleged to be liable as an owner for a violation of section three 38 hundred eighty-five of this article and the rules and regulations of a 39 covered agency or authority in relation to gross vehicle weight and/or 40 axle weight pursuant to this section, within fourteen business days if 41 such owner is a resident of this state and within forty-five business 42 days if such owner is a non-resident. Personal delivery on the owner 43 shall not be required. A manual or automatic record of mailing prepared 44 in the ordinary course of business shall be prima facie evidence of the 45 facts contained therein. 46 (b) A notice of liability shall contain the name and address of the 47 person alleged to be liable as an owner for a violation of section three 48 hundred eighty-five of this article and the rules and regulations of a 49 covered agency or authority in relation to gross vehicle weight and/or 50 axle weight pursuant to this section, the registration number of the 51 vehicle involved in such violation, the gross vehicle weight and/or axle 52 weight measured, the location where such violation took place, the date 53 and time of such violation, the identification number of the weigh-in- 54 motion violation monitoring system which recorded the violation or other 55 document locator number, one or more date and time stamped images iden- 
 S. 3008 28 A. 3008 1 tifying the motor vehicle and the information and data evidencing the 2 alleged violation, and the certificate charging the liability. 3 (c) The notice of liability shall contain information advising the 4 person charged of the manner and the time in which they may contest the 5 liability alleged in the notice. Such notice of liability shall also 6 contain a prominent warning to advise the person charged that failure to 7 contest in the manner and time provided shall be deemed an admission of 8 liability and that a default judgment may be entered thereon. 9 (d) The notice of liability shall be prepared and mailed by the 10 covered agency or authority, or by any other entity authorized by the 11 covered agency or authority to prepare and mail such notice of liabil- 12 ity. 13 8. Adjudication of the liability imposed upon owners pursuant to this 14 section shall be by the covered agency or authority, or by any other 15 government entity authorized by the covered agency or authority to adju- 16 dicate such liability. If such entity is the New York city parking 17 violations bureau, such liability imposed pursuant to this section may 18 only occur within the city of New York. 19 9. If an owner receives a notice of liability pursuant to this section 20 for any time period during which the vehicle or the number plate or 21 plates of such vehicle was reported to the police department as having 22 been stolen, it shall be a valid defense to an allegation of liability 23 for a violation of section three hundred eighty-five of this article and 24 the rules and regulations of the covered agency or authority in relation 25 to gross vehicle weight and/or axle weight pursuant to this section that 26 the vehicle or the number plate or plates of such vehicle had been 27 reported to the police as stolen prior to the time the violation 28 occurred and had not been recovered by such time. For purposes of 29 asserting the defense provided by this subdivision, it shall be suffi- 30 cient that a certified copy of the police report on the stolen vehicle 31 or number plate or plates of such vehicle be sent by first class mail to 32 the covered agency or authority. 33 10. (a) An owner who is a lessor of a vehicle to which a notice of 34 liability was issued pursuant to subdivision seven of this section shall 35 not be liable for the violation of section three hundred eighty-five of 36 this article and the rules and regulations of the covered agency or 37 authority in relation to gross vehicle weight and/or axle weight pursu- 38 ant to this section, provided that: 39 (i) prior to the violation, the lessor has filed the rental, lease or 40 other contract document with the name and address of the lessee with the 41 covered agency or authority in accordance with the provisions of subdi- 42 vision ten of section twenty-nine hundred eighty-five of the public 43 authorities law or section two hundred thirty-nine of this chapter, as 44 applicable; and 45 (ii) within thirty-seven days after receiving notice from the covered 46 agency or authority of the date and time of a liability, together with 47 the other information contained in the original notice of liability, the 48 lessor submits to such covered agency or authority the correct name and 49 address of the lessee of the vehicle identified in the notice of liabil- 50 ity at the time of such violation, together with such other additional 51 information contained in the rental, lease or other contract document, 52 as may be reasonably required by the covered agency or authority pursu- 53 ant to regulations that may be promulgated for such purpose. 54 (b) Failure to comply with subparagraph (ii) of paragraph (a) of this 55 subdivision shall render the lessor liable for the penalty prescribed in 56 this section. 
 S. 3008 29 A. 3008 1 (c) Where the lessor complies with the provisions of paragraph (a) of 2 this subdivision, the lessee of such vehicle on the date of such 3 violation shall be deemed to be the owner of such vehicle for purposes 4 of this section, shall be subject to liability for such violation pursu- 5 ant to this section and shall be sent a notice of liability pursuant to 6 subdivision seven of this section. 7 11. (a) If the owner liable for a violation of section three hundred 8 eighty-five of this article and the rules and regulations of the covered 9 agency or authority in relation to gross vehicle weight and/or axle 10 weight pursuant to this section was not the operator of the vehicle at 11 the time of the violation, the owner may maintain an action for indemni- 12 fication against the operator. 13 (b) Notwithstanding any other provision of this section, no owner of a 14 vehicle shall be subject to a monetary fine imposed pursuant to this 15 section if the operator of such vehicle was operating such vehicle with- 16 out the consent of the owner at the time such operator operated such 17 vehicle in violation of section three hundred eighty-five of this arti- 18 cle and the rules and regulations of the covered agency or authority in 19 relation to gross vehicle weight and/or axle weight. For purposes of 20 this subdivision there shall be a presumption that the operator of such 21 vehicle was operating such vehicle with the consent of the owner at the 22 time such operator operated such vehicle in violation of section three 23 hundred eighty-five of this article and the rules and regulations of the 24 covered agency or authority in relation to gross vehicle weight and/or 25 axle weight. 26 12. Nothing in this section shall be construed to limit the liability 27 of an operator of a vehicle for any violation of section three hundred 28 eighty-five of this article and the rules and regulations of the covered 29 agency or authority in relation to gross vehicle weight and/or axle 30 weight. 31 13. It shall be a defense to any prosecution for a violation of 32 section three hundred eighty-five of this article and the rules and 33 regulations of the covered agency or authority in relation to gross 34 vehicle weight and/or axle weight pursuant to this section that such 35 weigh-in-motion violation monitoring system was malfunctioning at the 36 time of the alleged violation. 37 § 2. Subdivision 2 of section 87 of the public officers law is amended 38 by adding a new paragraph (v) to read as follows: 39 (v) are photographs, microphotographs, videotape or other recorded 40 images or information and data prepared under authority of section three 41 hundred eighty-five-b of the vehicle and traffic law. 42 § 3. A covered agency or authority shall: (i) prior to implementing a 43 weigh-in-motion program as authorized by section 385-b of the vehicle 44 and traffic law, as added by section one of this act, communicate to the 45 public the plan for the use of vehicle weigh-in-motion violation moni- 46 toring systems to enforce vehicle weight restrictions so as to maximize 47 awareness of such program; (ii) during the first 60-day period in which 48 weigh-in-motion violation monitoring systems are in operation pursuant 49 to the provisions of this act send by first class mail a written warning 50 in lieu of a notice of liability to all owners of motor vehicles who 51 would be held liable for failure of operators thereof to comply with 52 section 385-b of the vehicle and traffic law in relation to gross vehi- 53 cle weight and/or axle weight, together with notice of the weigh-in-mo- 54 tion program authorized by section 385-b of the vehicle and traffic law; 55 and (iii) take such measures as are necessary to implement such program 
 S. 3008 30 A. 3008 1 prior to its implementation, including promulgating any rules and regu- 2 lations necessary for the implementation of this act. 3 § 4. The purchase or lease of equipment for a demonstration program 4 pursuant to section 385-b of the vehicle and traffic law shall be 5 subject to the provisions of section 103 of the general municipal law. 6 § 5. This act shall take effect immediately. 7 PART O 8 Section 1. Paragraph 3 of subdivision (d) of section 1111-c-1 of the 9 vehicle and traffic law, as added by section 1 of part MM of chapter 56 10 of the laws of 2023, is amended to read as follows: 11 3. "bus operation-related traffic regulations" shall mean the follow- 12 ing provisions set forth in chapter four of title thirty-four of the 13 rules of the city of New York, adopted pursuant to section sixteen 14 hundred forty-two of this chapter: 4-08(c)(3), violation of posted no 15 standing rules prohibited-bus stop; 4-08(e)(9), general no stopping 16 zones-bicycle lanes; 4-08(f)(1), general no standing zones-double park- 17 ing; [and] 4-08(f)(4), general no standing zones-bus lane; 4-08(e)(12), 18 obstructing traffic at intersection; and section eleven hundred seven- 19 ty-five of this title. 20 § 2. This act shall take effect immediately; provided, however, that 21 the amendments to section 1111-c-1 of the vehicle and traffic law made 22 by section one of this act shall not affect the repeal of such section 23 and shall be deemed repealed therewith. 24 PART P 25 Section 1. The vehicle and traffic law is amended by adding a new 26 article 44-D to read as follows: 27 ARTICLE 44-D 28 AUTHORITY FOR IMPOSITION OF SURCHARGE ON A PERMIT ISSUED FOR 29 OBSTRUCTING OR CLOSING THE STREET FOR CONSTRUCTION PURPOSES 30 Section 1711. Definitions. 31 1712. Establishment of surcharge for obstruction or closure of a 32 street for construction activity. 33 1713. Application and exemptions. 34 1714. Administration and collection of surcharge. 35 1715. Limitations on assessment of surcharge. 36 1716. Judicial review. 37 § 1711. Definitions. As used in this article: 1. "Affordable housing 38 unit" means a residential dwelling unit that must be affordable to resi- 39 dents at or below a specific income level, provided that such level does 40 not exceed one hundred sixty-five percent of the area median income, 41 pursuant to statute, regulation, restrictive covenant or declaration, or 42 pursuant to a regulatory agreement with a federal, state, or local 43 government entity, public benefit corporation, or public housing author- 44 ity. 45 2. "Area median income" means the income limits as defined annually by 46 the U.S. Department of Housing and Urban Development (HUD) for the New 47 York, NY HUD Metro FMR Area (HMFA), as established in section three of 48 the Housing Act of nineteen hundred thirty-seven, as amended. 49 3. "Dwelling unit" has the meaning ascribed to such term in the hous- 50 ing maintenance code. 51 4. "Full obstruction" means the occupation of the entire length of a 52 curb lane, vehicular travel lane, or sidewalk for construction-related 
 S. 3008 31 A. 3008 1 activity where there is a permit issued to close such length to motor 2 vehicles, pedestrians, or bicyclists. 3 5. "Partial obstruction" means the occupation of all or a portion of a 4 length of a sidewalk for construction-related activity where there is a 5 permit issued to provide a temporary pedestrian pathway, either in the 6 curb lane, on the sidewalk, or within the building envelope of an adja- 7 cent structure. 8 6. "Pedestrian plaza" means an area designated by the department of 9 transportation in the city of New York for pedestrian circulation, use 10 and enjoyment on property under the jurisdiction of such department 11 including, but not limited to, property mapped as a public place or 12 property within the bed of a roadway, and which may contain amenities 13 such as tables, seating, trees, plants, lighting, bike racks, or public 14 art. 15 7. "Person" means a natural person, co-partnership, firm, company, 16 association, joint stock association, corporation or other like organ- 17 ization. 18 § 1712. Establishment of surcharge for obstruction or closure of a 19 street for construction activity. 1. Notwithstanding the provisions of 20 any law to the contrary, every city having a population of one million 21 or more, acting through its local legislative body, is hereby authorized 22 and empowered to adopt, amend or repeal local laws imposing a surcharge 23 within its territorial limits on the issuance of any permit relating to 24 the obstruction or closure of a street or pedestrian plaza for the 25 purpose of construction required for: 26 (a) Placing construction material on a street during working hours; 27 (b) Placing construction equipment other than cranes or derricks on a 28 street during working hours; 29 (c) Temporarily closing a sidewalk; 30 (d) Constructing a temporary pedestrian walk in a roadway; 31 (e) Temporarily closing a roadway; 32 (f) Placing a shanty or trailer on a street; 33 (g) Crossing a sidewalk; 34 (h) Placing a crane or derrick on a street during working hours; 35 (i) Storing construction material on a street during non-working 36 hours; 37 (j) Storing construction equipment on a street during non-working 38 hours; or 39 (k) Other construction activity that requires the issuance of a permit 40 by the department of transportation in a city having a population of one 41 million or more for the obstruction or closure of a street or pedestrian 42 plaza. 43 2. The rate of such surcharge shall be imposed based on a schedule 44 that takes into consideration the geographical zone in which the permit 45 is issued and in no case shall be: 46 (a) For a permit for the partial obstruction of a sidewalk, less than 47 fifty cents or more than fifty dollars for up to and including ten line- 48 ar feet of sidewalk per day; 49 (b) For a permit for the full obstruction of a sidewalk, less than 50 twenty dollars or more than one thousand dollars for up to and including 51 one hundred linear feet of sidewalk per day; 52 (c) For a permit for the full obstruction of a curb lane, less than 53 ten dollars or more than one hundred dollars for up to and including ten 54 linear feet of curb lane per day; 55 (d) For a permit for the full obstruction of a vehicular travel lane, 56 less than two hundred dollars or more than two thousand dollars for up 
 S. 3008 32 A. 3008 1 to and including one hundred linear feet of vehicular travel lane per 2 day; and 3 (e) For a permit for the full obstruction of any portion of a pedes- 4 trian plaza, less than ten cents or more than one dollar and twenty-five 5 cents for up to and including ten square feet of pedestrian plaza per 6 day. 7 3. Any local law enacted pursuant to this article may authorize a 8 reduction of the surcharge imposed for the initial three hundred sixty- 9 five days for which a permit has been issued, at a rate no more than: 10 (a) sixty percent of the surcharge due for days one through ninety; 11 and 12 (b) forty percent of the surcharge due for days ninety-one through 13 three hundred sixty-five. 14 4. Any local law enacted pursuant to this article may authorize a 15 reduction of the surcharge imposed to the extent a permit is issued for 16 construction relating to the creation or preservation of affordable 17 housing units. Such reduction shall be in proportion to the percentage 18 of affordable housing units created or preserved. 19 § 1713. Application and exemptions. 1. Surcharge to be in addition to 20 monies owed. Any surcharge imposed under the authority of this article 21 shall be in addition to any and all other fees or taxes authorized or 22 imposed under any other provision of law. This article shall not be 23 construed as limiting the power of any city, county or school district 24 to impose any other fee or tax which it is authorized to impose under 25 any other provision of law. 26 2. Any local law enacted pursuant to this article shall exempt from 27 the surcharge authorized herein any permit issued to: 28 (a) The state of New York, or any of its agencies, instrumentalities, 29 public corporations or political subdivisions where it is the permittee; 30 (b) The United States of America, and any of its agencies and instru- 31 mentalities, insofar as it is immune from taxation where it is the 32 permittee; or 33 (c) Any person where the construction for which such permit is issued 34 relates to the creation or preservation of affordable housing units; 35 provided that such affordable housing units constitute no less than 36 fifty percent of the total number of dwelling units created or preserved 37 by such construction. 38 § 1714. Administration and collection of surcharge. 1. The surcharge 39 authorized by section seventeen hundred twelve of this article shall be 40 administered and collected in such manner as may be provided in local 41 laws with such amendments in respect to administration and collection as 42 may be enacted, including through the commencement of actions and issu- 43 ance of tax warrants in a manner consistent with the commencement of 44 actions and issuance of warrants pursuant to subdivisions a, b and d of 45 section 11-1614 of the administrative code of the city of New York. 46 2. Any local law enacted pursuant to this article shall require that 47 the surcharge be paid to the agency issuing the permit prior to the 48 issuance or renewal of such permit for the term of such permit, in a 49 form and manner determined by such agency. 50 3. Such surcharge shall not be refundable except where a reduction for 51 such surcharge is authorized pursuant to subdivision four of section 52 seventeen hundred twelve of this article and an application for such 53 reduction is filed with the department of transportation no later than: 54 (a) eighteen months after execution of: (i) an agreement with a federal, 55 state or local government entity, public benefit corporation or public 56 housing authority, relating to the creation or preservation of afforda- 
 S. 3008 33 A. 3008 1 ble housing units; or (ii) a similar instrument; or (b) eighteen months 2 after payment of such surcharge. 3 § 1715. Limitations on assessment of surcharge. Except in the case of 4 a willfully false or fraudulent permit application with intent to evade 5 the surcharge authorized by the provisions of this article, no assess- 6 ment of additional surcharge shall be made with respect to the surcharge 7 imposed under the authority of this article, after the expiration of 8 more than three years from the date of the permit application or renewal 9 thereof, provided, however, that where no such application has been 10 filed, or where there has been a change relating to the use of the 11 street or pedestrian plaza for which a permit has been issued that would 12 increase the amount of surcharge liability, as provided by law, the 13 surcharge may be assessed at any time. Where a person subject to the 14 surcharge authorized by the provisions of this article makes a change or 15 correction to a permit that has been issued, as provided by law, an 16 assessment may be made at any time within two years after the applica- 17 tion for such permit was filed. Any local law enacted pursuant to this 18 article shall authorize enforcement remedies, including but not limited 19 to the imposition of civil penalties in an amount no greater than ten 20 percent of such surcharge where a person subject to the surcharge 21 authorized by the provisions of this article fails to pay such surcharge 22 by failing to submit the required permit application. 23 § 1716. Judicial review. Any final determination of the amount of any 24 surcharge payable under this article shall be reviewable for error, 25 illegality or unconstitutionality or any other reason whatsoever by a 26 proceeding under article seventy-eight of the civil practice law and 27 rules if application therefor is made to the supreme court within four 28 months after the giving of the notice of such final determination, 29 provided, however, that any such proceeding under article seventy-eight 30 of the civil practice law and rules shall not be instituted by a person 31 liable for such surcharge unless: 1. the amount of any surcharge sought 32 to be reviewed, with such interest and penalties thereon as may be 33 provided for by local law or regulation, shall be first deposited and 34 there is filed an undertaking, issued by a surety company authorized to 35 transact business in this state and approved by the superintendent of 36 financial services of this state as to solvency and responsibility, in 37 such amount as a justice of the supreme court shall approve to the 38 effect that if such proceeding be dismissed or surcharge confirmed such 39 liable person will pay all costs and charges which may accrue in the 40 prosecution of such proceeding; or 2. at the option of such liable 41 person, such undertaking may be in a sum sufficient to cover the 42 surcharge, interest and penalties stated in such determination, plus the 43 costs and charges which may accrue against such liable person in the 44 prosecution of the proceeding, in which event the liable person shall 45 not be required to pay such surcharge, interest or penalties as a condi- 46 tion precedent to the application. 47 § 2. Title 11 of the administrative code of the city of New York is 48 amended by adding a new chapter 32 to read as follows: 49 CHAPTER 32 50 SURCHARGE ON ISSUANCE OF A PERMIT FOR OBSTRUCTING OR CLOSING THE 51 STREET FOR CONSTRUCTION PURPOSES 52 Section 11-3200 Applicability. 53 11-3201 Definitions. 54 11-3202 Surcharge for permit to obstruct or close the street for 55 construction-related purposes. 56 11-3203 General powers of the commissioner of transportation. 
 S. 3008 34 A. 3008 1 11-3204 Presumption and burden of proof; payment of surcharge. 2 11-3205 Records to be kept. 3 11-3206 Exemptions. 4 11-3207 Determination of surcharge. 5 11-3208 Remedies exclusive. 6 11-3209 Proceedings to recover surcharge. 7 11-3210 Penalties and interest. 8 11-3211 Notices and limitations of time. 9 § 11-3200 Applicability. The provisions of this chapter shall only 10 apply during any period in which a local law implementing article 11 forty-four-D of the vehicle and traffic law is not in effect, except 12 that any provision of this chapter relating to the collection, adminis- 13 tration, or enforcement of a surcharge imposed pursuant to this chapter 14 shall continue to be in effect during such period as it relates to such 15 surcharge. 16 § 11-3201 Definitions. For purposes of this chapter, the following 17 terms shall have the following meanings: 18 (a) Affordable housing unit. The term "affordable housing unit" means 19 a residential dwelling unit that must be affordable to residents at or 20 below a specific income level, provided that such level does not exceed 21 one hundred sixty-five percent of the area median income, pursuant to 22 statute, regulation, restrictive covenant or declaration, or pursuant to 23 a regulatory agreement with a federal, state, or local government enti- 24 ty, public benefit corporation or public housing authority. 25 (b) Area median income. The term "area median income" means the income 26 limits as defined annually by the U.S. Department of Housing and Urban 27 Development (HUD) for the New York, NY HUD Metro FMR Area (HMFA), as 28 established in section three of the Housing Act of nineteen hundred 29 thirty-seven, as amended. 30 (c) Central business district. The term "central business district" 31 means the geographic area of the borough of Manhattan south of and 32 inclusive of sixtieth street. 33 (d) Construction permit. The term "construction permit" means a permit 34 issued by the department of transportation relating to the obstruction 35 or closure of a street or pedestrian plaza for the purpose of 36 construction that is required for: 37 (1) Placing construction material on a street during working hours; 38 (2) Placing construction equipment other than cranes or derricks on a 39 street during working hours; 40 (3) Temporarily closing a sidewalk; 41 (4) Constructing a temporary pedestrian walk in a roadway; 42 (5) Temporarily closing a roadway; 43 (6) Placing a shanty or trailer on a street; 44 (7) Crossing a sidewalk; 45 (8) Placing a crane or derrick on a street during working hours; 46 (9) Storing construction material on a street during non-working 47 hours; 48 (10) Storing construction equipment on a street during non-working 49 hours; or 50 (11) Other construction activity that requires the issuance of a 51 permit by the department of transportation for the obstruction or 52 closure of a street or pedestrian plaza. 53 (e) Dwelling unit. The term "dwelling unit" has the meaning ascribed 54 to such term in the housing maintenance code. 55 (f) Full obstruction. The term "full obstruction" means the occupation 56 of the entire length of a curb lane, vehicular travel lane, or sidewalk 
 S. 3008 35 A. 3008 1 for construction-related activity where there is a permit issued to 2 close such length to motor vehicles, pedestrians, or bicyclists. 3 (g) Partial obstruction. The term "partial obstruction" means the 4 occupation of all or a portion of a length of a sidewalk for construc- 5 tion-related activity where there is a permit issued to provide a tempo- 6 rary pedestrian pathway, either in the curb lane, on the sidewalk, or 7 within the building envelope of an adjacent structure. 8 (h) Pedestrian plaza. The term "pedestrian plaza" means an area desig- 9 nated by the department of transportation as such for pedestrian circu- 10 lation, use and enjoyment on property under the jurisdiction of the 11 department including, but not limited to, property mapped as a public 12 place or property within the bed of a roadway, and which may contain 13 amenities such as tables, seating, trees, plants, lighting, bike racks, 14 or public art. 15 (i) Roadway. The term "roadway" means that portion of a street 16 designed, improved or ordinarily used for vehicular travel, exclusive of 17 the shoulder and slope. 18 (j) Sidewalk. The term "sidewalk" means that portion of a street 19 between the curb lines, or the lateral lines of a roadway, and the adja- 20 cent property lines, but not including the curb, intended for the use of 21 pedestrians. 22 § 11-3202 Surcharge for permit to obstruct or close the street for 23 construction-related purposes. (a) A surcharge is imposed on the issu- 24 ance of any construction permit. 25 (b) The rate of such surcharge shall be: (1) For a construction permit 26 for the partial obstruction of a sidewalk, five dollars for up to and 27 including ten linear feet of sidewalk per day, except for in the central 28 business district, where the rate shall be ten dollars for up to and 29 including ten linear feet of sidewalk per day; 30 (2) For a construction permit for the full obstruction of a sidewalk, 31 two hundred dollars for up to and including one hundred linear feet per 32 day, except for in the central business district where the rate shall be 33 four hundred dollars for up to and including one hundred linear feet per 34 day; 35 (3) For a construction permit for the full obstruction of a curb lane, 36 fifteen dollars for up to and including ten linear feet of curb lane per 37 day, except for in the central business district where the rate shall be 38 thirty-five dollars for up to and including ten linear feet per day; 39 (4) For a construction permit for the full obstruction of a vehicular 40 travel lane, three hundred dollars for up to and including one hundred 41 linear feet of vehicular travel lane per day, except for in the central 42 business district where the rate shall be seven hundred dollars for up 43 to and including one hundred linear feet of vehicular travel lane per 44 day; and 45 (5) For a construction permit for the full obstruction of any portion 46 of a pedestrian plaza, thirty cents for up to and including ten square 47 feet of vehicular travel lane per day, except for in the central busi- 48 ness district where the rate shall be sixty cents for up to and includ- 49 ing ten square feet of pedestrian plaza per day. 50 (c) Such rate shall be reduced for the initial three hundred sixty- 51 five days for which the construction permit has been issued as follows: 52 (1) sixty percent of the surcharge due for days one through ninety; 53 and 54 (2) forty percent of the surcharge due for days ninety-one through 55 three hundred sixty-five. 
 S. 3008 36 A. 3008 1 (d) Such rate shall be reduced in proportion to the percentage of 2 affordable housing units created or preserved. 3 § 11-3203 General powers of the commissioner of transportation. The 4 commissioner of transportation is hereby authorized and empowered: 5 (a) To make, adopt and amend rules and regulations appropriate to the 6 carrying out of this chapter and the purposes thereof; 7 (b) To prescribe methods for determining the construction permits 8 issued or the length or area of street or pedestrian plaza obstructed; 9 (c) To require construction contractors, construction managers, design 10 engineers, or other persons, as applicable, to maintain records with 11 respect to streets and pedestrian plazas obstructed, and to furnish any 12 information with respect thereto upon request to the commissioner of 13 transportation; 14 (d) To assess, determine and readjust the surcharge imposed under this 15 chapter; 16 (e) (1) To administer oaths and take affidavits, or to cause the 17 employees or officers of the department of transportation to administer 18 oaths and affidavits in relation to any matter or proceeding in the 19 exercise of their powers and duties under this chapter; and 20 (2) To subpoena and require the attendance of witnesses and the 21 production of books, papers and documents to secure information perti- 22 nent to the performance of such commissioner's duties pursuant to this 23 chapter and of the enforcement of this chapter and to examine them in 24 relation thereto, and to issue commissions for the examination of 25 witnesses who are out of the state or unable to attend before such 26 commissioner or excused from attendance; 27 (f) To remit penalties but not interest; and to compromise disputed 28 claims in connection with the surcharge hereby imposed; and 29 (g) To delegate the functions hereunder to an assistant commissioner 30 or deputy commissioner of transportation or to any employee or employees 31 of such commissioner. 32 § 11-3204 Presumption and burden of proof; payment of surcharge. (a) 33 If a street or pedestrian plaza is obstructed without the issuance of a 34 valid construction permit, or if a street or pedestrian plaza is 35 obstructed beyond the area or beyond the time period authorized in a 36 construction permit, in a manner that would subject such obstruction to 37 the surcharge described in section 11-3202 of this chapter, there shall 38 be a rebuttable presumption that such obstruction is subject to the 39 surcharge. If an obstruction is observed beyond the time period in which 40 such obstruction was authorized in a construction permit, there shall be 41 a rebuttable presumption that such obstruction occurred continuously 42 until such observation. If an obstruction is observed beyond the area in 43 which such obstruction was authorized in a construction permit, there 44 shall be a rebuttable presumption that such obstruction occurred contin- 45 uously from the point at which such construction permit authorized any 46 obstruction. Such presumption shall prevail until the contrary is estab- 47 lished and the burden of proving the contrary shall be upon the person 48 to whom the construction permit is issued. Such surcharge shall be due 49 against the person to whom the construction permit is issued, or if no 50 such permit was issued, against the person creating such obstruction. 51 Any person under contract with such person for the performance of work 52 or other activity creating such obstruction shall also be liable for 53 such surcharge. 54 (b) For the purpose of proper administration of this chapter and to 55 prevent evasion of the surcharge authorized under this chapter, the 56 surcharge authorized by this chapter shall be due prior to issuance of a 
 S. 3008 37 A. 3008 1 construction permit. The payment shall be made by the person to whom the 2 construction permit is issued and shall be paid to the department of 3 transportation in accordance with rules of such department. 4 (c) The surcharge shall not be refundable, except where a reduction 5 for such surcharge is authorized pursuant to subdivision (d) of section 6 11-3202 of this chapter and an application for such reduction is filed 7 with the department of transportation no later than: (1) eighteen months 8 after execution of: (i) an agreement with a federal, state or local 9 government entity, public benefit corporation, or public housing author- 10 ity, relating to the creation or preservation of affordable housing 11 units; or (ii) a similar instrument; or (2) eighteen months after 12 payment of such surcharge. 13 § 11-3205 Records to be kept. Every person to whom a construction 14 permit has been issued shall keep records in such form and manner as the 15 commissioner may by rule require. Such records shall be preserved for a 16 period of three years from the date of issuance of such construction 17 permit. Such records shall be available for inspection and examination 18 upon demand by the commissioner of transportation or the commissioner's 19 duly authorized agent or employee. 20 § 11-3206 Exemptions. The surcharge imposed pursuant to the authority 21 of section 11-3202 of this chapter shall not be imposed on any 22 construction permit issued to: 23 (a) The state of New York, or any of its agencies; instrumentalities, 24 public corporations or political subdivisions where it is the permittee; 25 (b) The United States of America, and any of its agencies and instru- 26 mentalities, insofar as it is immune from taxation where it is the 27 permittee; or 28 (c) Any person where the construction for which such permit is issued 29 relates to the creation or preservation of affordable housing units 30 provided that such affordable housing units constitute no less than 31 fifty percent of the total number of dwelling units created or preserved 32 by such construction. 33 § 11-3207 Determination of surcharge. If a surcharge required by 34 section 11-3202 of this chapter is not paid, or if the amount of the 35 surcharge that is paid is incorrect or insufficient, the amount of 36 surcharge due shall be determined by the commissioner of transportation 37 from such information as may be obtainable, and, if necessary, such 38 surcharge may be estimated on the basis of factors determined by the 39 commissioner of transportation, in accordance with the presumptions set 40 forth in subdivision (a) of section 11-3204 of this chapter. Notice of 41 such determination shall be given to the person liable for the payment 42 of the surcharge. Such determination shall finally and irrevocably fix 43 the surcharge unless the person against whom it is assessed, within 44 ninety days after giving notice of such determination, shall apply to 45 the hearing officer at the department of transportation for a hearing, 46 or unless the commissioner of transportation on their own motion shall 47 redetermine the same. After such hearing, the commissioner of transpor- 48 tation's determination shall be reviewable for error, illegality or 49 unconstitutionality or any other reason whatsoever by a proceeding under 50 article seventy-eight of the civil practice law and rules if application 51 therefor is made to the supreme court within four months after giving of 52 the notice of such determination. A proceeding under article seventy- 53 eight of the civil practice law and rules shall not be instituted 54 unless: (a) the amount of any surcharge sought to be reviewed, with 55 penalties and interest thereon, if any, shall be first deposited with 56 the commissioner of transportation and there shall be filed with the 
 S. 3008 38 A. 3008 1 commissioner of transportation an undertaking, issued by a surety compa- 2 ny authorized to transact business in this state, and approved by the 3 superintendent of insurance of this state as to solvency and responsi- 4 bility, in such amount as a justice of the supreme court shall approve 5 to the effect that if such proceeding be dismissed or the surcharge 6 confirmed, the petitioner will pay all costs and charges which may 7 accrue in the prosecution of the proceeding; or (b) at the option of the 8 applicant such undertaking filed with the commissioner of transportation 9 may be in a sum sufficient to cover the surcharges, penalties and inter- 10 est thereon stated in such determination plus the costs and charges 11 which may accrue against it in the prosecution of the proceeding, in 12 which event the applicant shall not be required to deposit such 13 surcharges, penalties and interest as a condition precedent to the 14 application. 15 § 11-3208 Remedies exclusive. The remedies provided by section 11-3207 16 of this chapter shall be the exclusive remedy available to any person 17 for the review of liability for the surcharge imposed by section 11-3202 18 of this chapter; and no determination or proposed determination of 19 surcharge shall be enjoined or reviewed by an action for declaratory 20 judgment, an action for money had and received or by any action or 21 proceeding other than a proceeding in the nature of a certiorari 22 proceeding under article seventy-eight of the civil practice law and 23 rules; provided, however, that such person may proceed by declaratory 24 judgment if such person institutes suit within thirty days after a defi- 25 ciency assessment is made and pays the amount of the deficiency assess- 26 ment to the commissioner of transportation prior to the institution of 27 such suit and posts a bond for costs as provided in section 11-3207 of 28 this chapter. 29 § 11-3209 Proceedings to recover surcharge. (a) Whenever any person to 30 whom a construction permit has been issued fails to pay the correct and 31 sufficient surcharge, penalty or interest imposed by this chapter as 32 therein provided, the commissioner of transportation shall notify the 33 commissioner of finance of all relevant records determined necessary by 34 the commissioner of finance to facilitate collection of such surcharge. 35 The corporation counsel shall, upon the request of the commissioner of 36 finance bring or cause to be brought an action to enforce the payment of 37 the same on behalf of the city of New York in any court of the state of 38 New York or of any other state or of the United States. If, however, the 39 commissioner of finance in their discretion believes that any such 40 person is about to cease business, leave the state or remove or dissi- 41 pate the assets out of which the surcharge, penalty or interest might be 42 satisfied, and that any such surcharge, penalty or interest will not be 43 paid when due, the commissioner of finance may declare such surcharge, 44 penalty or interest to be immediately due and payable and may issue a 45 warrant immediately. 46 (b) As an additional or alternate remedy, the commissioner of finance 47 may issue a warrant, directed to the city sheriff commanding the city 48 sheriff to levy upon and sell the real and personal property of the 49 person liable for the surcharge, which may be found within the city, for 50 the payment of the amount thereof, with any penalties and interest, and 51 the cost of executing the warrant, and to return such warrant to the 52 commissioner of finance and to pay to the commissioner of finance the 53 money collected by virtue thereof within sixty days after the receipt of 54 such warrant. The city sheriff shall within five days after the receipt 55 of the warrant file with the county clerk a copy thereof, and thereupon 56 such clerk shall enter in the judgment docket the name of the person 
 S. 3008 39 A. 3008 1 mentioned in the warrant and the amount of the surcharge, penalties and 2 interest for which the warrant is issued and the date when such copy is 3 filed. Thereupon the amount of such warrant so docketed shall become a 4 lien upon the title to and interest in real and personal property of the 5 person against whom the warrant is issued. The city sheriff shall then 6 proceed upon the warrant, in the same manner, and with like effect, as 7 that provided by law in respect to executions issued against property 8 upon judgments of a court of record, and for services in executing the 9 warrant the city sheriff shall be entitled to the same fees, which such 10 city sheriff may collect in the same manner. In the discretion of the 11 commissioner of finance a warrant of like terms, force and effect may be 12 issued and directed to any officer or employee of the department of 13 finance, and in the execution thereof such officer or employee shall 14 have all the powers conferred by law upon sheriffs, but shall be enti- 15 tled to no fee or compensation in excess of the actual expenses paid in 16 the performance of such duty. If a warrant is returned not satisfied in 17 full, the commissioner of finance may from time to time issue new 18 warrants and shall also have the same remedies to enforce the amount due 19 thereunder as if the city had recovered judgment therefore and execution 20 thereon had been returned unsatisfied. 21 (c) The commissioner of finance, if such commissioner finds that the 22 interests of the city will not thereby be jeopardized, and upon such 23 conditions as the commissioner of finance may require, may release any 24 property from the lien of any warrant or vacate such warrant for unpaid 25 surcharges, penalties and interest filed pursuant to subdivision (b) of 26 this section, and such release or vacating of the warrant may be 27 recorded in the office of any recording officer in which such warrant 28 has been filed. The clerk shall thereupon cancel and discharge as of the 29 original date of docketing the vacated warrant. 30 § 11-3210 Penalties and interest. (a) Any person failing to pay any 31 surcharge to the commissioner of transportation within the time required 32 by this chapter shall be subject to a penalty of five percent of the 33 amount of surcharge due; plus interest at the rate of one percent of 34 such surcharge for each month of delay excepting the first month after 35 such surcharge became due; but the commissioner of transportation if 36 satisfied that the delay was excusable, may remit all or any part of 37 such penalty, but not interest at the rate of six percent per year. Such 38 penalties and interest shall be paid and disposed of in the same manner 39 as other revenues from this chapter. Unpaid penalties and interest may 40 be enforced in the same manner as the surcharge imposed by this chapter. 41 (b) Any person failing to keep the records required by subdivision (c) 42 of section 11-3203 of this chapter, shall, in addition to the penalties 43 herein or elsewhere prescribed, be subject to a civil penalty in an 44 amount up to one hundred dollars per day from the date on which a deter- 45 mination has been made that any such person failed to keep any such 46 records until the date on which such records are provided, provided that 47 such period shall be no greater than three years. It shall not be any 48 defense to an action under this subdivision that the failure to keep the 49 records was unintentional or not willful. 50 (c) The certificate of the commissioner of transportation to the 51 effect that a surcharge has not been paid or that information has not 52 been supplied pursuant to the provisions of this chapter, shall be 53 presumptive evidence thereof. 54 (d) Any person failing to submit the required permit application for a 55 construction permit and who fails to pay the surcharge authorized by the 56 provisions of this chapter, shall, in addition to the penalties herein 
 S. 3008 40 A. 3008 1 or elsewhere prescribed, be subject to a civil penalty in an amount no 2 greater than ten percent of such surcharge. 3 § 11-3211 Notices and limitations of time. (a) Any notice authorized 4 or required under the provisions of this chapter may be given by mailing 5 the same to the person for whom it is intended in a postpaid envelope 6 addressed to such person at the address given in the construction permit 7 issued to such person pursuant to the rules of the city of New York or, 8 if no permit has been issued to such person, then to such address as may 9 be obtainable. The mailing of such notice shall be presumptive evidence 10 of the receipt of the same by the person to whom addressed. Any period 11 of time which is determined according to the provisions of this chapter 12 by the giving of notice shall commence to run from the date of mailing 13 of such notice. 14 (b) The provisions of the civil practice law and rules or any other 15 law relative to limitations of time for the enforcement of a civil reme- 16 dy shall not apply to any proceeding or action taken by the city to 17 levy, appraise, assess, determine or enforce the collection of any 18 surcharge or penalty provided by this chapter. However, except in the 19 case of a willfully false or fraudulently obtained construction permit 20 with intent to evade the surcharge, no assessment of additional 21 surcharge shall be made after the expiration of more than three years 22 from the date of the issuance of a construction permit or the renewal 23 thereof; provided, however, that where no construction permit has been 24 issued, or where there has been a change relating to the use of the 25 street for which a construction permit has been issued that would 26 increase the amount of the surcharge, any additional surcharge may be 27 assessed at any time. 28 § 3. Any local law enacted pursuant to the authority of section one of 29 this act shall designate an agency to adopt rules and regulations to 30 implement the provisions of such section. 31 § 4. This act shall take effect immediately, except that section two 32 of this act shall take effect January 1, 2028. 33 PART Q 34 Section 1. The section heading, paragraphs 1, 2, 4 and subparagraph 35 (i) of paragraph 6 of subdivision (a), subdivisions (b), (e), (f), (h), 36 (i), (j), paragraph 3 of subdivision (g) and the opening paragraph of 37 subdivision (m) of section 1180-e of the vehicle and traffic law, as 38 added by chapter 421 of the laws of 2021, are amended to read as 39 follows: 40 Owner liability for failure of operator to comply with certain posted 41 maximum speed limits; highway construction or maintenance work area. 42 1. Notwithstanding any other provision of law, the commissioner of 43 transportation is hereby authorized to establish a [demonstration] 44 program imposing monetary liability on the owner of a vehicle for fail- 45 ure of an operator thereof to comply with posted maximum speed limits in 46 a highway construction or maintenance work area located on a cont- 47 rolled-access highway (i) when highway construction or maintenance work 48 is occurring and a work area speed limit is in effect as provided in 49 paragraph two of subdivision (d) or subdivision (f) of section eleven 50 hundred eighty of this article or (ii) when highway construction or 51 maintenance work is occurring and other speed limits are in effect as 52 provided in subdivision (b) or (g) or paragraph one of subdivision (d) 53 of section eleven hundred eighty of this article. Such [demonstration] 54 program shall empower the commissioner to install photo speed violation 
 S. 3008 41 A. 3008 1 monitoring systems within no more than twenty highway construction or 2 maintenance work areas located on controlled-access highways and to 3 operate such systems within such work areas (iii) when highway 4 construction or maintenance work is occurring and a work area speed 5 limit is in effect as provided in paragraph two of subdivision (d) or 6 subdivision (f) of section eleven hundred eighty of this article or (iv) 7 when highway construction or maintenance work is occurring and other 8 speed limits are in effect as provided in subdivision (b) or (g) or 9 paragraph one of subdivision (d) of section eleven hundred eighty of 10 this article. The commissioner, in consultation with the superintendent 11 of the division of state police, shall determine the location of the 12 highway construction or maintenance work areas located on a controlled- 13 access highway in which to install and operate photo speed violation 14 monitoring systems. In selecting a highway construction or maintenance 15 work area in which to install and operate a photo speed violation moni- 16 toring system, the commissioner shall consider criteria including, but 17 not limited to, the speed data, crash history, and roadway geometry 18 applicable to such highway construction or maintenance work area. A 19 photo speed violation monitoring system shall not be installed or oper- 20 ated on a controlled-access highway exit ramp. 21 2. Notwithstanding any other provision of law, [after holding a public 22 hearing in accordance with the public officers law and subsequent 23 approval of the establishment of a demonstration program in accordance 24 with this section by a majority of the members of the entire board of 25 the thruway authority,] the chair of the thruway authority is hereby 26 authorized to establish a [demonstration] program imposing monetary 27 liability on the owner of a vehicle for failure of an operator thereof 28 to comply with posted maximum speed limits in a highway construction or 29 maintenance work area located on the thruway (i) when highway 30 construction or maintenance work is occurring and a work area speed 31 limit is in effect as provided in paragraph two of subdivision (d) or 32 subdivision (f) of section eleven hundred eighty of this article or (ii) 33 when highway construction or maintenance work is occurring and other 34 speed limits are in effect as provided in subdivision (b) or (g) or 35 paragraph one of subdivision (d) of section eleven hundred eighty of 36 this article. Such [demonstration] program shall empower the chair to 37 install photo speed violation monitoring systems within no more than ten 38 highway construction or maintenance work areas located on the thruway 39 and to operate such systems within such work areas (iii) when highway 40 construction or maintenance work is occurring and a work area speed 41 limit is in effect as provided in paragraph two of subdivision (d) or 42 subdivision (f) of section eleven hundred eighty of this article or (iv) 43 when highway construction or maintenance work is occurring and other 44 speed limits are in effect as provided in subdivision (b) or (g) or 45 paragraph one of subdivision (d) of section eleven hundred eighty of 46 this article. The chair, in consultation with the superintendent of the 47 division of state police, shall determine the location of the highway 48 construction or maintenance work areas located on the thruway in which 49 to install and operate photo speed violation monitoring systems. In 50 selecting a highway construction or maintenance work area in which to 51 install and operate a photo speed violation monitoring system, the chair 52 shall consider criteria including, but not limited to, the speed data, 53 crash history, and roadway geometry applicable to such highway 54 construction or maintenance work area. A photo speed violation monitor- 55 ing system shall not be installed or operated on a thruway exit ramp. 
 S. 3008 42 A. 3008 1 4. Operators of photo speed violation monitoring systems shall have 2 completed training in the procedures for setting up, testing, and oper- 3 ating such systems. Each such operator shall complete and sign a daily 4 set-up log for each such system that [he or she] the operator operates 5 that (i) states the date and time when, and the location where, the 6 system was set up that day, and (ii) states that such operator success- 7 fully performed, and the system passed, the self-tests of such system 8 before producing a recorded image that day. The commissioner or the 9 chair, as applicable, shall retain each such daily log until the later 10 of the date on which the photo speed violation monitoring system to 11 which it applies has been permanently removed from use or the final 12 resolution of all cases involving notices of liability issued based on 13 photographs, microphotographs, video or other recorded images produced 14 by such system. 15 (i) Such [demonstration] program shall utilize necessary technologies 16 to ensure, to the extent practicable, that photographs, microphoto- 17 graphs, videotape or other recorded images produced by such photo speed 18 violation monitoring systems shall not include images that identify the 19 driver, the passengers, or the contents of the vehicle. Provided, 20 however, that no notice of liability issued pursuant to this section 21 shall be dismissed solely because such a photograph, microphotograph, 22 videotape or other recorded image allows for the identification of the 23 driver, the passengers, or the contents of vehicles where the commis- 24 sioner or the chair, as applicable, shows that they made reasonable 25 efforts to comply with the provisions of this paragraph in such case. 26 (b) If the commissioner or chair establishes a [demonstration] program 27 pursuant to subdivision (a) of this section, the owner of a vehicle 28 shall be liable for a penalty imposed pursuant to this section if such 29 vehicle was used or operated with the permission of the owner, express 30 or implied, within a highway construction or maintenance work area 31 located on a controlled-access highway or on the thruway in violation of 32 paragraph two of subdivision (d) or subdivision (f), or when other speed 33 limits are in effect in violation of subdivision (b) or (g) or paragraph 34 one of subdivision (d), of section eleven hundred eighty of this arti- 35 cle, such vehicle was traveling at a speed of more than ten miles per 36 hour above the posted speed limit in effect within such highway 37 construction or maintenance work area, and such violation is evidenced 38 by information obtained from a photo speed violation monitoring system; 39 provided however that no owner of a vehicle shall be liable for a penal- 40 ty imposed pursuant to this section where the operator of such vehicle 41 has been convicted of the underlying violation of subdivision (b), (d), 42 (f) or (g) of section eleven hundred eighty of this article. 43 (e) An owner liable for a violation of subdivision (b), (d), (f) or 44 (g) of section eleven hundred eighty of this article pursuant to a 45 [demonstration] program established pursuant to this section shall be 46 liable for monetary penalties not to exceed fifty dollars for a first 47 violation, [seventy-five] one hundred twenty-five dollars for a second 48 violation both of which were committed within a period of eighteen 49 months, and one hundred seventy-five dollars for a third or subsequent 50 violation all of which were committed within a period of eighteen 51 months; provided, however, that an additional penalty not in excess of 52 twenty-five dollars for each violation may be imposed for the failure to 53 respond to a notice of liability within the prescribed time period. 54 (f) An imposition of liability under the [demonstration] program 55 established pursuant to this section shall not be deemed a conviction as 56 an operator and shall not be made part of the operating record of the 
 S. 3008 43 A. 3008 1 person upon whom such liability is imposed nor shall it be used for 2 insurance purposes in the provision of motor vehicle insurance coverage. 3 3. The notice of liability shall contain information advising the 4 person charged of the manner and the time in which [he or she] the owner 5 may contest the liability alleged in the notice. Such notice of liabil- 6 ity shall also contain a prominent warning to advise the person charged 7 that failure to contest in the manner and time provided shall be deemed 8 an admission of liability and that a default judgment may be entered 9 thereon. 10 (h) Adjudication of the liability imposed upon owners of this section 11 shall be by a traffic violations bureau established pursuant to section 12 three hundred seventy of the general municipal law where the violation 13 occurred or, if there be none, by [the court having jurisdiction over 14 traffic infractions where the violation occurred, except that if a city 15 has established an administrative tribunal to hear and determine 16 complaints of traffic infractions constituting parking, standing or 17 stopping violations such city may, by local law, authorize such adjudi- 18 cation by such tribunal], a hearing officer designated by the commis- 19 sioner of motor vehicles provided, however, if a city with a population 20 of one million or more has established an administrative tribunal to 21 hear and determine complaints of traffic infractions constituting park- 22 ing, standing or stopping violations, such tribunal shall adjudicate 23 liability pursuant to this section. 24 (i) If an owner receives a notice of liability pursuant to this 25 section for any time period during which the vehicle or the number plate 26 or plates of such vehicle was reported to the police department as 27 having been stolen, it shall be a valid defense to an allegation of 28 liability for a violation of subdivision (b), (d), (f) or (g) of section 29 eleven hundred eighty of this article pursuant to this section that the 30 vehicle or the number plate or plates of such vehicle had been reported 31 to the police as stolen prior to the time the violation occurred and had 32 not been recovered by such time. For purposes of asserting the defense 33 provided by this subdivision, it shall be sufficient that a certified 34 copy of the police report on the stolen vehicle or number plate or 35 plates of such vehicle be sent by first class mail to the [traffic 36 violations bureau, court having jurisdiction or parking violations 37 bureau] department of transportation or thruway authority as applicable. 38 (j) 1. [Where the adjudication of liability imposed upon owners pursu- 39 ant to this section is by a traffic violations bureau or a court having 40 jurisdiction, an] An owner who is a lessor of a vehicle to which a 41 notice of liability was issued pursuant to subdivision (g) of this 42 section shall not be liable for the violation of subdivision (b), (d), 43 (f) or (g) of section eleven hundred eighty of this article pursuant to 44 this section, provided that [he or she] the owner sends to the [traffic 45 violations bureau or court having jurisdiction] commissioner or chair as 46 applicable a copy of the rental, lease or other such contract document 47 covering such vehicle on the date of the violation, with the name and 48 address of the lessee clearly legible, within thirty-seven days after 49 receiving notice from the [bureau or court] commissioner or chair as 50 applicable of the date and time of such violation, together with the 51 other information contained in the original notice of liability. Failure 52 to send such information within such thirty-seven day time period shall 53 render the owner liable for the penalty prescribed by this section. 54 Where the lessor complies with the provisions of this paragraph, the 55 lessee of such vehicle on the date of such violation shall be deemed to 56 be the owner of such vehicle for purposes of this section, shall be 
 S. 3008 44 A. 3008 1 subject to liability for the violation of subdivision (b), (d), (f) or 2 (g) of section eleven hundred eighty of this article pursuant to this 3 section and shall be sent a notice of liability pursuant to subdivision 4 (g) of this section. 5 2. [(i)] In a city which, by local law, has authorized the adjudi- 6 cation of liability imposed upon owners by this section by a parking 7 violations bureau, an owner who is a lessor of a vehicle to which a 8 notice of liability was issued pursuant to subdivision (g) of this 9 section shall not be liable for the violation of subdivision (b), (d), 10 (f) or (g) of section eleven hundred eighty of this article, provided 11 that: 12 [(A)] (i) prior to the violation, the lessor has filed with the bureau 13 in accordance with the provisions of section two hundred thirty-nine of 14 this chapter; and 15 [(B)] (ii) within thirty-seven days after receiving notice from the 16 [bureau] chair or commissioner as applicable of the date and time of a 17 liability, together with the other information contained in the original 18 notice of liability, the lessor submits to the bureau the correct name 19 and address of the lessee of the vehicle identified in the notice of 20 liability at the time of such violation, together with such other addi- 21 tional information contained in the rental, lease or other contract 22 document, as may be reasonably required by the [bureau] chair or commis- 23 sioner as applicable pursuant to regulations that may be promulgated for 24 such purpose. 25 [(ii)] 3. Failure to comply with [clause (B) of subparagraph (i) of] 26 this [paragraph] subdivision shall render the owner liable for the 27 penalty prescribed in this section. 28 [(iii)] 4. Where the lessor complies with the provisions of this 29 [paragraph] subdivision, the lessee of such vehicle on the date of such 30 violation shall be deemed to be the owner of such vehicle for purposes 31 of this section, shall be subject to liability for such violation pursu- 32 ant to this section and shall be sent a notice of liability pursuant to 33 subdivision (g) of this section. 34 If the commissioner or chair adopts a [demonstration] program pursuant 35 to subdivision (a) of this section the commissioner or chair, as appli- 36 cable, shall [conduct a study and] submit a report on or before [May 37 first, two thousand twenty-four and a report on or before] May first, 38 two thousand twenty-six on the results of the use of photo devices to 39 the governor, the temporary president of the senate and the speaker of 40 the assembly. The commissioner or chair shall also make such reports 41 available on their public-facing websites, provided that they may 42 provide aggregate data from paragraph one of this subdivision if the 43 commissioner or chair finds that publishing specific location data would 44 jeopardize public safety. Such report shall include: 45 § 2. The vehicle and traffic law is amended by adding a new section 46 1180-h to read as follows: 47 § 1180-h. Owner liability for failure of operator to comply with 48 certain posted maximum speed limits; Triborough bridge and tunnel 49 project highway construction or maintenance work area. (a) 1. Notwith- 50 standing any other provision of law, the Triborough bridge and tunnel 51 authority, a body corporate and politic constituting a public benefit 52 corporation created and constituted pursuant to title three of article 53 three of the public authorities law, is hereby authorized to establish a 54 program imposing monetary liability on the owner of a vehicle for fail- 55 ure of an operator thereof to comply with posted maximum speed limits in 56 a construction or maintenance work area located at any Triborough bridge 
 S. 3008 45 A. 3008 1 and tunnel authority project referred to in subdivision nine of section 2 five hundred fifty-three of the public authorities law, or as otherwise 3 provided in an applicable interagency agreement, (i) when construction 4 or maintenance work is occurring and a work area speed limit is in 5 effect as provided in paragraph two of subdivision (d) or subdivision 6 (f) of section eleven hundred eighty of this article or (ii) when 7 construction or maintenance work is occurring and other speed limits are 8 in effect as provided in subdivision (b) or (g) or paragraph one of 9 subdivision (d) of section eleven hundred eighty of this article. Such 10 program shall empower the Triborough bridge and tunnel authority to 11 install photo speed violation monitoring systems within construction or 12 maintenance work areas located at Triborough bridge and tunnel authority 13 projects and to operate such systems within such work areas (iii) when 14 construction or maintenance work is occurring and a work area speed 15 limit is in effect as provided in paragraph two of subdivision (d) or 16 subdivision (f) of section eleven hundred eighty of this article or (iv) 17 when construction or maintenance work is occurring and other speed 18 limits are in effect as provided in subdivision (b) or (g) or paragraph 19 one of subdivision (d) of section eleven hundred eighty of this article. 20 The Triborough bridge and tunnel authority shall determine the location 21 of the construction or maintenance work areas located at a Triborough 22 bridge and tunnel authority project in which to install and operate 23 photo speed violation monitoring systems. In selecting a construction or 24 maintenance work area in which to install and operate a photo speed 25 violation monitoring system, the Triborough bridge and tunnel authority 26 shall consider criteria including, but not limited to, the speed data, 27 crash history, and roadway geometry applicable to such construction or 28 maintenance work area. 29 2. No photo speed violation monitoring system shall be used in a 30 construction or maintenance work area unless (i) on the day it is to be 31 used it has successfully passed a self-test of its functions; and (ii) 32 it has undergone an annual calibration check performed pursuant to para- 33 graph four of this subdivision. The Triborough bridge and tunnel author- 34 ity shall install signs giving notice that a photo speed violation moni- 35 toring system is in use, in conformance with standards established in 36 the MUTCD. 37 3. Operators of photo speed violation monitoring systems shall have 38 completed training in the procedures for setting up, testing, and oper- 39 ating such systems. Each such operator shall complete and sign a daily 40 set-up log for each such system that the operator operates that (i) 41 states the date and time when, and the location where, the system was 42 set up that day, and (ii) states that such operator successfully 43 performed, and the system passed, the self-tests of such system before 44 producing a recorded image that day. The Triborough bridge and tunnel 45 authority shall retain each such daily log until the later of the date 46 on which the photo speed violation monitoring system to which it applies 47 has been permanently removed from use or the final resolution of all 48 cases involving notices of liability issued based on photographs, micro- 49 photographs, video or other recorded images produced by such system. 50 4. Each photo speed violation monitoring system shall undergo an annu- 51 al calibration check performed by an independent calibration laboratory 52 which shall issue a signed certificate of calibration. The Triborough 53 bridge and tunnel authority shall keep each such annual certificate of 54 calibration on file until the final resolution of all cases involving a 55 notice of liability issued during such year which were based on photo- 
 S. 3008 46 A. 3008 1 graphs, microphotographs, videotape or other recorded images produced by 2 such photo speed violation monitoring system. 3 5. (i) Such program shall utilize necessary technologies to ensure, to 4 the extent practicable, that photographs, microphotographs, videotape or 5 other recorded images produced by such photo speed violation monitoring 6 systems shall not include images that identify the driver, the passen- 7 gers, or the contents of the vehicle. Provided, however, that no notice 8 of liability issued pursuant to this section shall be dismissed solely 9 because such a photograph, microphotograph, videotape or other recorded 10 image allows for the identification of the driver, the passengers, or 11 the contents of vehicles where the Triborough bridge and tunnel authori- 12 ty shows that it made reasonable efforts to comply with the provisions 13 of this paragraph in such case. 14 (ii) Photographs, microphotographs, videotape or any other recorded 15 image from a photo speed violation monitoring system shall be for the 16 exclusive use of the Triborough bridge and tunnel authority for the 17 purpose of the adjudication of liability imposed pursuant to this 18 section and of the owner receiving a notice of liability pursuant to 19 this section, and shall be destroyed by the Triborough bridge and tunnel 20 authority upon the final resolution of the notice of liability to which 21 such photographs, microphotographs, videotape or other recorded images 22 relate, or one year following the date of issuance of such notice of 23 liability, whichever is later. Notwithstanding the provisions of any 24 other law, rule or regulation to the contrary, photographs, microphoto- 25 graphs, videotape or any other recorded image from a photo speed 26 violation monitoring system shall not be open to the public, nor subject 27 to civil or criminal process or discovery, nor used by any court or 28 administrative or adjudicatory body in any action or proceeding therein 29 except that which is necessary for the adjudication of a notice of 30 liability issued pursuant to this section, and no public entity or 31 employee, officer or agent thereof shall disclose such information, 32 except that such photographs, microphotographs, videotape or any other 33 recorded images from such systems: 34 (A) shall be available for inspection and copying and use by the motor 35 vehicle owner and operator for so long as such photographs, microphoto- 36 graphs, videotape or other recorded images are required to be maintained 37 or are maintained by such public entity, employee, officer or agent; and 38 (B) (1) shall be furnished when described in a search warrant issued 39 by a court authorized to issue such a search warrant pursuant to article 40 six hundred ninety of the criminal procedure law or a federal court 41 authorized to issue such a search warrant under federal law, where such 42 search warrant states that there is reasonable cause to believe such 43 information constitutes evidence of, or tends to demonstrate that, a 44 misdemeanor or felony offense was committed in this state or another 45 state, or that a particular person participated in the commission of a 46 misdemeanor or felony offense in this state or another state, provided, 47 however, that if such offense was against the laws of another state, the 48 court shall only issue a warrant if the conduct comprising such offense 49 would, if occurring in this state, constitute a misdemeanor or felony 50 against the laws of this state; and 51 (2) shall be furnished in response to a subpoena duces tecum signed by 52 a judge of competent jurisdiction and issued pursuant to article six 53 hundred ten of the criminal procedure law or a judge or magistrate of a 54 federal court authorized to issue such a subpoena duces tecum under 55 federal law, where the judge finds and the subpoena states that there is 56 reasonable cause to believe such information is relevant and material to 
 S. 3008 47 A. 3008 1 the prosecution, or the defense, or the investigation by an authorized 2 law enforcement official, of the alleged commission of a misdemeanor or 3 felony in this state or another state, provided, however, that if such 4 offense was against the laws of another state, such judge or magistrate 5 shall only issue such subpoena if the conduct comprising such offense 6 would, if occurring in this state, constitute a misdemeanor or felony in 7 this state; and 8 (3) may, if lawfully obtained pursuant to this clause and clause (A) 9 of this subparagraph and otherwise admissible, be used in such criminal 10 action or proceeding. 11 (b) The owner of a vehicle shall be liable for a penalty imposed 12 pursuant to this section if such vehicle was used or operated with the 13 permission of the owner, express or implied, within a construction or 14 maintenance work area located at a Triborough bridge and tunnel authori- 15 ty project in violation of paragraph two of subdivision (d) or subdivi- 16 sion (f), or when other speed limits are in effect in violation of 17 subdivision (b) or (g) or paragraph one of subdivision (d) of section 18 eleven hundred eighty of this article, such vehicle was traveling at a 19 speed of more than ten miles per hour above the posted speed limit in 20 effect within such construction or maintenance work area, and such 21 violation is evidenced by information obtained from a photo speed 22 violation monitoring system; provided however that no owner of a vehicle 23 shall be liable for a penalty imposed pursuant to this section where the 24 operator of such vehicle has been convicted of the underlying violation 25 of subdivision (b), (d), (f) or (g) of section eleven hundred eighty of 26 this article. 27 (c) For purposes of this section, the following terms shall have the 28 following meanings: 29 1. "manual on uniform traffic control devices" or "MUTCD" shall mean 30 the manual and specifications for a uniform system of traffic control 31 devices maintained by the commissioner of transportation pursuant to 32 section sixteen hundred eighty of this chapter; 33 2. "owner" shall have the meaning provided in article two-B of this 34 chapter; 35 3. "photo speed violation monitoring system" shall mean a vehicle 36 sensor installed to work in conjunction with a speed measuring device 37 which automatically produces two or more photographs, two or more micro- 38 photographs, a videotape or other recorded images of each vehicle at the 39 time it is used or operated in a construction or maintenance work area 40 located at a Triborough bridge and tunnel authority project in violation 41 of subdivision (b), (d), (f) or (g) of section eleven hundred eighty of 42 this article in accordance with the provisions of this section; 43 4. "Triborough bridge and tunnel authority projects" shall mean the 44 projects referred to in subdivision nine of section five hundred fifty- 45 three of the public authorities law, or as otherwise provided in an 46 applicable interagency agreement. 47 (d) A certificate, sworn to or affirmed by a technician employed by 48 the Triborough bridge and tunnel authority or its agent as applicable, 49 or a facsimile thereof, based upon inspection of photographs, micropho- 50 tographs, videotape or other recorded images produced by a photo speed 51 violation monitoring system, shall be prima facie evidence of the facts 52 contained therein. Any photographs, microphotographs, videotape or other 53 recorded images evidencing such a violation shall include at least two 54 date and time stamped images of the rear of the motor vehicle that 55 include the same stationary object near the motor vehicle to the extent 56 practicable and shall be available for inspection reasonably in advance 
 S. 3008 48 A. 3008 1 of and at any proceeding to adjudicate the liability for such violation 2 pursuant to this section. 3 (e) An owner liable for a violation of subdivision (b), (d), (f) or 4 (g) of section eleven hundred eighty of this article pursuant to a 5 program established pursuant to this section shall be liable for mone- 6 tary penalties not to exceed fifty dollars for a first violation, one 7 hundred twenty-five dollars for a second violation both of which were 8 committed within a period of eighteen months, and one hundred seventy- 9 five dollars for a third or subsequent violation all of which were 10 committed within a period of eighteen months; provided, however, that an 11 additional penalty not in excess of twenty-five dollars for each 12 violation may be imposed for the failure to respond to a notice of 13 liability within the prescribed time period. 14 (f) An imposition of liability under the program established pursuant 15 to this section shall not be deemed a conviction as an operator and 16 shall not be made part of the operating record of the person upon whom 17 such liability is imposed nor shall it be used for insurance purposes in 18 the provision of motor vehicle insurance coverage. 19 (g) 1. A notice of liability shall be sent by first class mail to each 20 person alleged to be liable as an owner for a violation of subdivision 21 (b), (d), (f) or (g) of section eleven hundred eighty of this article 22 pursuant to this section, within fourteen business days if such owner is 23 a resident of this state and within forty-five business days if such 24 owner is a non-resident. Personal delivery on the owner shall not be 25 required. A manual or automatic record of mailing prepared in the ordi- 26 nary course of business shall be prima facie evidence of the facts 27 contained therein. 28 2. A notice of liability shall contain the name and address of the 29 person alleged to be liable as an owner for a violation of subdivision 30 (b), (d), (f) or (g) of section eleven hundred eighty of this article 31 pursuant to this section, the registration number of the vehicle 32 involved in such violation, the location where such violation took 33 place, the date and time of such violation, the identification number of 34 the camera which recorded the violation or other document locator 35 number, at least two date and time stamped images of the rear of the 36 motor vehicle that include the same stationary object near the motor 37 vehicle to the extent practicable, and the certificate charging the 38 liability. 39 3. The notice of liability shall contain information advising the 40 person charged of the manner and the time in which such person may 41 contest the liability alleged in the notice. Such notice of liability 42 shall also contain a prominent warning to advise the person charged that 43 failure to contest in the manner and time provided shall be deemed an 44 admission of liability and that a default judgment may be entered there- 45 on. 46 4. The notice of liability shall be prepared and mailed by the Tribor- 47 ough bridge and tunnel authority or by any other entity authorized by 48 the Triborough bridge and tunnel authority to prepare and mail such 49 notice of liability. 50 (h) Adjudication of the liability imposed upon owners of this section 51 shall be by the New York city parking violations bureau. 52 (i) If an owner receives a notice of liability pursuant to this 53 section for any time period during which the vehicle or the number plate 54 or plates of such vehicle was reported to the police department as 55 having been stolen, it shall be a valid defense to an allegation of 56 liability for a violation of subdivision (b), (d), (f) or (g) of section 
 S. 3008 49 A. 3008 1 eleven hundred eighty of this article pursuant to this section that the 2 vehicle or the number plate or plates of such vehicle had been reported 3 to the police as stolen prior to the time the violation occurred and had 4 not been recovered by such time. For purposes of asserting the defense 5 provided by this subdivision, it shall be sufficient that a certified 6 copy of the police report on the stolen vehicle or number plate or 7 plates of such vehicle be sent by first class mail to the Triborough 8 bridge and tunnel authority. 9 (j) 1. An owner who is a lessor of a vehicle to which a notice of 10 liability was issued pursuant to subdivision (g) of this section shall 11 not be liable for the violation of subdivision (b), (d), (f) or (g) of 12 section eleven hundred eighty of this article pursuant to this section, 13 provided that the owner sends to the Triborough Bridge and tunnel 14 authority a copy of the rental, lease or other such contract document 15 covering such vehicle on the date of the violation, with the name and 16 address of the lessee clearly legible, within thirty-seven days after 17 receiving notice from the Triborough bridge and tunnel authority of the 18 date and time of such violation, together with the other information 19 contained in the original notice of liability. Failure to send such 20 information within such thirty-seven-day time period shall render the 21 owner liable for the penalty prescribed by this section. Where the 22 lessor complies with the provisions of this paragraph, the lessee of 23 such vehicle on the date of such violation shall be deemed to be the 24 owner of such vehicle for purposes of this section, shall be subject to 25 liability for the violation of subdivision (b), (d), (f) or (g) of 26 section eleven hundred eighty of this article pursuant to this section 27 and shall be sent a notice of liability pursuant to subdivision (g) of 28 this section. 29 2. An owner who is a lessor of a vehicle to which a notice of liabil- 30 ity was issued pursuant to subdivision (g) of this section shall not be 31 liable for the violation of subdivision (b), (d), (f) or (g) of section 32 eleven hundred eighty of this article, provided that: 33 (i) prior to the violation, the lessor has filed with the bureau in 34 accordance with the provisions of section two hundred thirty-nine of 35 this chapter; and 36 (ii) within thirty-seven days after receiving notice from the Tribor- 37 ough bridge and tunnel authority of the date and time of a liability, 38 together with the other information contained in the original notice of 39 liability, the lessor submits to the Triborough bridge and tunnel 40 authority the correct name and address of the lessee of the vehicle 41 identified in the notice of liability at the time of such violation, 42 together with such other additional information contained in the rental, 43 lease or other contract document, as may be reasonably required by the 44 Triborough bridge and tunnel authority pursuant to regulations that may 45 be promulgated for such purpose. 46 3. Failure to comply with this subdivision shall render the owner 47 liable for the penalty prescribed in this section. 48 4. Where the lessor complies with the provisions of this subdivision, 49 the lessee of such vehicle on the date of such violation shall be deemed 50 to be the owner of such vehicle for purposes of this section, shall be 51 subject to liability for such violation pursuant to this section and 52 shall be sent a notice of liability pursuant to subdivision (g) of this 53 section. 54 (k) 1. If the owner liable for a violation of subdivision (b), (d), 55 (f) or (g) of section eleven hundred eighty of this article pursuant to 56 this section was not the operator of the vehicle at the time of the 
 S. 3008 50 A. 3008 1 violation, the owner may maintain an action for indemnification against 2 the operator. 3 2. Notwithstanding any other provision of this section, no owner of a 4 vehicle shall be subject to a monetary fine imposed pursuant to this 5 section if the operator of such vehicle was operating such vehicle with- 6 out the consent of the owner at the time such operator operated such 7 vehicle in violation of subdivision (b), (d), (f) or (g) of section 8 eleven hundred eighty of this article. For purposes of this subdivision 9 there shall be a presumption that the operator of such vehicle was oper- 10 ating such vehicle with the consent of the owner at the time such opera- 11 tor operated such vehicle in violation of subdivision (b), (d), (f) or 12 (g) of section eleven hundred eighty of this article. 13 (l) Nothing in this section shall be construed to limit the liability 14 of an operator of a vehicle for any violation of subdivision (b), (d), 15 (f) or (g) of section eleven hundred eighty of this article. 16 (m) It shall be a defense to any prosecution for a violation of subdi- 17 vision (b), (d), (f) or (g) of section eleven hundred eighty of this 18 article pursuant to this section that such photo speed violation moni- 19 toring system was malfunctioning at the time of the alleged violation. 20 § 3. The vehicle and traffic law is amended by adding a new section 21 1180-i to read as follows: 22 § 1180-i. Owner liability for failure of operator to comply with 23 certain posted maximum speed limits; New York state bridge authority 24 project highway construction or maintenance work area. (a) 1. Notwith- 25 standing any other provision of law, the New York state bridge authority 26 "bridge authority", a body corporate and politic constituting a public 27 benefit corporation created and constituted pursuant to title two of 28 article three of the public authorities law, is hereby authorized to 29 establish a program imposing monetary liability on the owner of a vehi- 30 cle for failure of an operator thereof to comply with posted maximum 31 speed limits in a construction or maintenance work area located at any 32 bridge authority project referred to in subdivision ten or ten-a of 33 section five hundred twenty-eight of the public authorities law, or as 34 otherwise provided in an applicable interagency agreement, (i) when 35 construction or maintenance work is occurring and a work area speed 36 limit is in effect as provided in paragraph two of subdivision (d) or 37 subdivision (f) of section eleven hundred eighty of this article or (ii) 38 when construction or maintenance work is occurring and other speed 39 limits are in effect as provided in subdivision (b) or (g) or paragraph 40 one of subdivision (d) of section eleven hundred eighty of this article. 41 Such program shall empower the bridge authority to install photo speed 42 violation monitoring systems within construction or maintenance work 43 areas located at bridge authority projects and to operate such systems 44 within such work areas (iii) when construction or maintenance work is 45 occurring and a work area speed limit is in effect as provided in para- 46 graph two of subdivision (d) or subdivision (f) of section eleven 47 hundred eighty of this article or (iv) when construction or maintenance 48 work is occurring and other speed limits are in effect as provided in 49 subdivision (b) or (g) or paragraph one of subdivision (d) of section 50 eleven hundred eighty of this article. The bridge authority shall deter- 51 mine the location of the construction or maintenance work areas located 52 at a bridge authority project in which to install and operate photo 53 speed violation monitoring systems. In selecting a construction or main- 54 tenance work area in which to install and operate a photo speed 55 violation monitoring system, the bridge authority shall consider crite- 56 ria including, but not limited to, the speed data, crash history, and 
 S. 3008 51 A. 3008 1 roadway geometry applicable to such construction or maintenance work 2 area. 3 2. No photo speed violation monitoring system shall be used in a 4 construction or maintenance work area unless (i) on the day it is to be 5 used it has successfully passed a self-test of its functions; and (ii) 6 it has undergone an annual calibration check performed pursuant to para- 7 graph four of this subdivision. The bridge authority shall install signs 8 giving notice that a photo speed violation monitoring system is in use, 9 in conformance with standards established in the MUTCD. 10 3. Operators of photo speed violation monitoring systems shall have 11 completed training in the procedures for setting up, testing, and oper- 12 ating such systems. Each such operator shall complete and sign a daily 13 set-up log for each such system that the operator operates that (i) 14 states the date and time when, and the location where, the system was 15 set up that day, and (ii) states that such operator successfully 16 performed, and the system passed, the self-tests of such system before 17 producing a recorded image that day. The bridge authority shall retain 18 each such daily log until the later of the date on which the photo speed 19 violation monitoring system to which it applies has been permanently 20 removed from use or the final resolution of all cases involving notices 21 of liability issued based on photographs, microphotographs, video or 22 other recorded images produced by such system. 23 4. Each photo speed violation monitoring system shall undergo an annu- 24 al calibration check performed by an independent calibration laboratory 25 which shall issue a signed certificate of calibration. The bridge 26 authority shall keep each such annual certificate of calibration on file 27 until the final resolution of all cases involving a notice of liability 28 issued during such year which were based on photographs, microphoto- 29 graphs, videotape or other recorded images produced by such photo speed 30 violation monitoring system. 31 5. (i) Such program shall utilize necessary technologies to ensure, to 32 the extent practicable, that photographs, microphotographs, videotape or 33 other recorded images produced by such photo speed violation monitoring 34 systems shall not include images that identify the driver, the passen- 35 gers, or the contents of the vehicle. Provided, however, that no notice 36 of liability issued pursuant to this section shall be dismissed solely 37 because such a photograph, microphotograph, videotape or other recorded 38 image allows for the identification of the driver, the passengers, or 39 the contents of vehicles where the bridge authority shows that it made 40 reasonable efforts to comply with the provisions of this paragraph in 41 such case. 42 (ii) Photographs, microphotographs, videotape or any other recorded 43 image from a photo speed violation monitoring system shall be for the 44 exclusive use of the bridge authority for the purpose of the adjudi- 45 cation of liability imposed pursuant to this section and of the owner 46 receiving a notice of liability pursuant to this section, and shall be 47 destroyed by the bridge authority upon the final resolution of the 48 notice of liability to which such photographs, microphotographs, vide- 49 otape or other recorded images relate, or one year following the date of 50 issuance of such notice of liability, whichever is later. Notwithstand- 51 ing the provisions of any other law, rule or regulation to the contrary, 52 photographs, microphotographs, videotape or any other recorded image 53 from a photo speed violation monitoring system shall not be open to the 54 public, nor subject to civil or criminal process or discovery, nor used 55 by any court or administrative or adjudicatory body in any action or 56 proceeding therein except that which is necessary for the adjudication 
 S. 3008 52 A. 3008 1 of a notice of liability issued pursuant to this section, and no public 2 entity or employee, officer or agent thereof shall disclose such infor- 3 mation, except that such photographs, microphotographs, videotape or any 4 other recorded images from such systems: 5 (A) shall be available for inspection and copying and use by the motor 6 vehicle owner and operator for so long as such photographs, microphoto- 7 graphs, videotape or other recorded images are required to be maintained 8 or are maintained by such public entity, employee, officer or agent; and 9 (B) (1) shall be furnished when described in a search warrant issued 10 by a court authorized to issue such a search warrant pursuant to article 11 six hundred ninety of the criminal procedure law or a federal court 12 authorized to issue such a search warrant under federal law, where such 13 search warrant states that there is reasonable cause to believe such 14 information constitutes evidence of, or tends to demonstrate that, a 15 misdemeanor or felony offense was committed in this state or another 16 state, or that a particular person participated in the commission of a 17 misdemeanor or felony offense in this state or another state, provided, 18 however, that if such offense was against the laws of another state, the 19 court shall only issue a warrant if the conduct comprising such offense 20 would, if occurring in this state, constitute a misdemeanor or felony 21 against the laws of this state; and 22 (2) shall be furnished in response to a subpoena duces tecum signed by 23 a judge of competent jurisdiction and issued pursuant to article six 24 hundred ten of the criminal procedure law or a judge or magistrate of a 25 federal court authorized to issue such a subpoena duces tecum under 26 federal law, where the judge finds and the subpoena states that there is 27 reasonable cause to believe such information is relevant and material to 28 the prosecution, or the defense, or the investigation by an authorized 29 law enforcement official, of the alleged commission of a misdemeanor or 30 felony in this state or another state, provided, however, that if such 31 offense was against the laws of another state, such judge or magistrate 32 shall only issue such subpoena if the conduct comprising such offense 33 would, if occurring in this state, constitute a misdemeanor or felony in 34 this state; and 35 (3) may, if lawfully obtained pursuant to this clause and clause (A) 36 of this subparagraph and otherwise admissible, be used in such criminal 37 action or proceeding. 38 (b) The owner of a vehicle shall be liable for a penalty imposed 39 pursuant to this section if such vehicle was used or operated with the 40 permission of the owner, express or implied, within a construction or 41 maintenance work area located at a bridge authority project in violation 42 of paragraph two of subdivision (d) or subdivision (f), or when other 43 speed limits are in effect in violation of subdivision (b) or (g) or 44 paragraph one of subdivision (d) of section eleven hundred eighty of 45 this article, such vehicle was traveling at a speed of more than ten 46 miles per hour above the posted speed limit in effect within such 47 construction or maintenance work area, and such violation is evidenced 48 by information obtained from a photo speed violation monitoring system; 49 provided however that no owner of a vehicle shall be liable for a penal- 50 ty imposed pursuant to this section where the operator of such vehicle 51 has been convicted of the underlying violation of subdivision (b), (d), 52 (f) or (g) of section eleven hundred eighty of this article. 53 (c) For purposes of this section, the following terms shall have the 54 following meanings: 55 1. "manual on uniform traffic control devices" or "MUTCD" shall mean 56 the manual and specifications for a uniform system of traffic control 
 S. 3008 53 A. 3008 1 devices maintained by the commissioner of transportation pursuant to 2 section sixteen hundred eighty of this chapter; 3 2. "owner" shall have the meaning provided in article two-B of this 4 chapter; 5 3. "photo speed violation monitoring system" shall mean a vehicle 6 sensor installed to work in conjunction with a speed measuring device 7 which automatically produces two or more photographs, two or more micro- 8 photographs, a videotape or other recorded images of each vehicle at the 9 time it is used or operated in a construction or maintenance work area 10 located at a bridge authority project in violation of subdivision (b), 11 (d), (f) or (g) of section eleven hundred eighty of this article in 12 accordance with the provisions of this section; and 13 4. "bridge authority projects" shall mean the projects referred to in 14 subdivision ten or ten-a of section five hundred twenty-eight of the 15 public authorities law, or as otherwise provided in an applicable inter- 16 agency agreement. 17 (d) A certificate, sworn to or affirmed by a technician employed by 18 the bridge authority or its agent as applicable, or a facsimile thereof, 19 based upon inspection of photographs, microphotographs, videotape or 20 other recorded images produced by a photo speed violation monitoring 21 system, shall be prima facie evidence of the facts contained therein. 22 Any photographs, microphotographs, videotape or other recorded images 23 evidencing such a violation shall include at least two date and time 24 stamped images of the rear of the motor vehicle that include the same 25 stationary object near the motor vehicle to the extent practicable and 26 shall be available for inspection reasonably in advance of and at any 27 proceeding to adjudicate the liability for such violation pursuant to 28 this section. 29 (e) An owner liable for a violation of subdivision (b), (d), (f) or 30 (g) of section eleven hundred eighty of this article pursuant to a 31 program established pursuant to this section shall be liable for mone- 32 tary penalties not to exceed fifty dollars for a first violation, one 33 hundred twenty-five dollars for a second violation both of which were 34 committed within a period of eighteen months, and one hundred seventy- 35 five dollars for a third or subsequent violation all of which were 36 committed within a period of eighteen months; provided, however, that an 37 additional penalty not in excess of twenty-five dollars for each 38 violation may be imposed for the failure to respond to a notice of 39 liability within the prescribed time period. 40 (f) An imposition of liability under the program established pursuant 41 to this section shall not be deemed a conviction as an operator and 42 shall not be made part of the operating record of the person upon whom 43 such liability is imposed nor shall it be used for insurance purposes in 44 the provision of motor vehicle insurance coverage. 45 (g) 1. A notice of liability shall be sent by first class mail to each 46 person alleged to be liable as an owner for a violation of subdivision 47 (b), (d), (f) or (g) of section eleven hundred eighty of this article 48 pursuant to this section, within fourteen business days if such owner is 49 a resident of this state and within forty-five business days if such 50 owner is a non-resident. Personal delivery on the owner shall not be 51 required. A manual or automatic record of mailing prepared in the ordi- 52 nary course of business shall be prima facie evidence of the facts 53 contained therein. 54 2. A notice of liability shall contain the name and address of the 55 person alleged to be liable as an owner for a violation of subdivision 56 (b), (d), (f) or (g) of section eleven hundred eighty of this article 
 S. 3008 54 A. 3008 1 pursuant to this section, the registration number of the vehicle 2 involved in such violation, the location where such violation took 3 place, the date and time of such violation, the identification number of 4 the camera which recorded the violation or other document locator 5 number, at least two date and time stamped images of the rear of the 6 motor vehicle that include the same stationary object near the motor 7 vehicle to the extent practicable, and the certificate charging the 8 liability. 9 3. The notice of liability shall contain information advising the 10 person charged of the manner and the time in which such person may 11 contest the liability alleged in the notice. Such notice of liability 12 shall also contain a prominent warning to advise the person charged that 13 failure to contest in the manner and time provided shall be deemed an 14 admission of liability and that a default judgment may be entered there- 15 on. 16 4. The notice of liability shall be prepared and mailed by the bridge 17 authority or by any other entity authorized by the bridge authority to 18 prepare and mail such notice of liability. 19 (h) Adjudication of the liability imposed upon owners of this section 20 shall be by a traffic violations bureau established pursuant to section 21 three hundred seventy of the general municipal law where the violation 22 occurred or, if there be none, by a hearing officer designated by the 23 commissioner of motor vehicles. 24 (i) If an owner receives a notice of liability pursuant to this 25 section for any time period during which the vehicle or the number plate 26 or plates of such vehicle was reported to the police department as 27 having been stolen, it shall be a valid defense to an allegation of 28 liability for a violation of subdivision (b), (d), (f) or (g) of section 29 eleven hundred eighty of this article pursuant to this section that the 30 vehicle or the number plate or plates of such vehicle had been reported 31 to the police as stolen prior to the time the violation occurred and had 32 not been recovered by such time. For purposes of asserting the defense 33 provided by this subdivision, it shall be sufficient that a certified 34 copy of the police report on the stolen vehicle or number plate or 35 plates of such vehicle be sent by first class mail to the bridge author- 36 ity. 37 (j) 1. An owner who is a lessor of a vehicle to which a notice of 38 liability was issued pursuant to subdivision (g) of this section shall 39 not be liable for the violation of subdivision (b), (d), (f) or (g) of 40 section eleven hundred eighty of this article pursuant to this section, 41 provided that the owner sends to the bridge authority a copy of the 42 rental, lease or other such contract document covering such vehicle on 43 the date of the violation, with the name and address of the lessee 44 clearly legible, within thirty-seven days after receiving notice from 45 the bridge authority of the date and time of such violation, together 46 with the other information contained in the original notice of liabil- 47 ity. Failure to send such information within such thirty-seven-day time 48 period shall render the owner liable for the penalty prescribed by this 49 section. Where the lessor complies with the provisions of this para- 50 graph, the lessee of such vehicle on the date of such violation shall be 51 deemed to be the owner of such vehicle for purposes of this section, 52 shall be subject to liability for the violation of subdivision (b), (d), 53 (f) or (g) of section eleven hundred eighty of this article pursuant to 54 this section and shall be sent a notice of liability pursuant to subdi- 55 vision (g) of this section. 
 S. 3008 55 A. 3008 1 2. In a city which, by local law, has authorized the adjudication of 2 liability imposed upon owners by this section by a parking violations 3 bureau, an owner who is a lessor of a vehicle to which a notice of 4 liability was issued pursuant to subdivision (g) of this section shall 5 not be liable for the violation of subdivision (b), (d), (f) or (g) of 6 section eleven hundred eighty of this article, provided that: 7 (i) prior to the violation, the lessor has filed with the bureau in 8 accordance with the provisions of section two hundred thirty-nine of 9 this chapter; and 10 (ii) within thirty-seven days after receiving notice from the bridge 11 authority of the date and time of a liability, together with the other 12 information contained in the original notice of liability, the lessor 13 submits to the bridge authority the correct name and address of the 14 lessee of the vehicle identified in the notice of liability at the time 15 of such violation, together with such other additional information 16 contained in the rental, lease or other contract document, as may be 17 reasonably required by the bridge authority pursuant to regulations that 18 may be promulgated for such purpose. 19 3. Failure to comply with this subdivision shall render the owner 20 liable for the penalty prescribed in this section. 21 4. Where the lessor complies with the provisions of this subdivision, 22 the lessee of such vehicle on the date of such violation shall be deemed 23 to be the owner of such vehicle for purposes of this section, shall be 24 subject to liability for such violation pursuant to this section and 25 shall be sent a notice of liability pursuant to subdivision (g) of this 26 section. 27 (k) 1. If the owner liable for a violation of subdivision (b), (d), 28 (f) or (g) of section eleven hundred eighty of this article pursuant to 29 this section was not the operator of the vehicle at the time of the 30 violation, the owner may maintain an action for indemnification against 31 the operator. 32 2. Notwithstanding any other provision of this section, no owner of a 33 vehicle shall be subject to a monetary fine imposed pursuant to this 34 section if the operator of such vehicle was operating such vehicle with- 35 out the consent of the owner at the time such operator operated such 36 vehicle in violation of subdivision (b), (d), (f) or (g) of section 37 eleven hundred eighty of this article. For purposes of this subdivision 38 there shall be a presumption that the operator of such vehicle was oper- 39 ating such vehicle with the consent of the owner at the time such opera- 40 tor operated such vehicle in violation of subdivision (b), (d), (f) or 41 (g) of section eleven hundred eighty of this article. 42 (l) Nothing in this section shall be construed to limit the liability 43 of an operator of a vehicle for any violation of subdivision (b), (d), 44 (f) or (g) of section eleven hundred eighty of this article. 45 (m) It shall be a defense to any prosecution for a violation of subdi- 46 vision (b), (d), (f) or (g) of section eleven hundred eighty of this 47 article pursuant to this section that such photo speed violation moni- 48 toring system was malfunctioning at the time of the alleged violation. 49 § 4. Subdivisions 11 and 12 of section 1803 of the vehicle and traffic 50 law, as amended by chapter 557 of the laws of 2023, are amended and two 51 new subdivisions 13 and 14 are added to read as follows: 52 11. Where the commissioner of transportation has established a [demon- 53 stration] program imposing monetary liability on the owner of a vehicle 54 for failure of an operator thereof to comply with subdivision (b), (d), 55 (f) or (g) of section eleven hundred eighty of this chapter in accord- 56 ance with section eleven hundred eighty-e of this chapter, any fine or 
 S. 3008 56 A. 3008 1 penalty collected by a court, judge, magistrate or other officer for an 2 imposition of liability which occurs pursuant to such program shall be 3 paid to the state comptroller within the first ten days of the month 4 following collection, except as otherwise provided in subdivision three 5 of section ninety-nine-a of the state finance law. Every such payment 6 shall be accompanied by a statement in such form and detail as the comp- 7 troller shall provide. Notwithstanding the provisions of subdivision 8 five of this section, eighty percent of any such fine or penalty imposed 9 for such liability shall be paid to the general fund, and twenty percent 10 of any such fine or penalty shall be paid to the city, town or village 11 in which the violation giving rise to the liability occurred, provided, 12 however, that (a) within a county that has established a traffic and 13 parking violations agency pursuant to section three hundred seventy of 14 the general municipal law and such liability is disposed of by such 15 agency, eighty percent of any such fine or penalty imposed for such 16 liability shall be paid to the general fund, and twenty percent of any 17 such fine or penalty shall be paid to the county in which the violation 18 giving rise to the liability occurred; or (b) where collected by a hear- 19 ing officer appointed by the commissioner, eighty percent of any such 20 fine or penalty imposed for such liability shall be paid to the general 21 fund, and twenty percent shall be deposited in the work zone speed 22 camera administration fund established pursuant to section ninety-nine- 23 ss of the state finance law. With respect to the percentage of fines or 24 penalties paid to the general fund, no less than sixty percent shall be 25 dedicated to department of transportation work zone safety projects 26 after deducting the expenses necessary to administer such [demon- 27 stration] program, provided, however, that except as provided pursuant 28 to section ninety-nine-ss of the state finance law, such funds provided 29 pursuant to this subdivision shall be payable on the audit and warrant 30 of the comptroller and shall only be used to supplement and not supplant 31 current expenditures of state funds on work zone safety projects. For 32 the purposes of this subdivision, "work zone safety projects" shall 33 apply to work zones under the jurisdiction of the department of trans- 34 portation and shall include, but not be limited to, inspection and 35 implementation of work zone design, maintenance, traffic plans and mark- 36 ings, worker safety training, contractor outreach, enforcement efforts, 37 radar speed display signs at major active work zones and police presence 38 at major active work zones, as provided in section twenty-two of the 39 transportation law. All fines, penalties and forfeitures paid to a coun- 40 ty, city, town or village pursuant to the provisions of this subdivision 41 shall be credited to the general fund of such county, city, town or 42 village, unless a different disposition is prescribed by charter, 43 special law, local law or ordinance. 44 12. Where the chair of the New York state thruway authority has estab- 45 lished a [demonstration] program imposing monetary liability on the 46 owner of a vehicle for failure of an operator thereof to comply with 47 subdivision (b), (d), (f) or (g) of section eleven hundred eighty of 48 this chapter in accordance with section eleven hundred eighty-e of this 49 chapter, any fine or penalty collected by a court, judge, magistrate or 50 other officer for an imposition of liability which occurs pursuant to 51 such program shall be paid to the state comptroller within the first ten 52 days of the month following collection, except as otherwise provided in 53 subdivision three of section ninety-nine-a of the state finance law. 54 Every such payment shall be accompanied by a statement in such form and 55 detail as the comptroller shall provide. Notwithstanding the provisions 56 of subdivision five of this section, eighty percent of any such fine or 
 S. 3008 57 A. 3008 1 penalty imposed for such liability shall be paid to the thruway authori- 2 ty, and twenty percent of any such fine or penalty shall be paid to the 3 city, town or village in which the violation giving rise to the liabil- 4 ity occurred, provided, however, that (a) within a county that has 5 established a traffic and parking violations agency pursuant to section 6 three hundred seventy of the general municipal law and such liability is 7 disposed of by such agency, eighty percent of any such fine or penalty 8 imposed for such liability shall be paid to the thruway authority, and 9 twenty percent of any such fine or penalty shall be paid to the county 10 in which the violation giving rise to the liability occurred; or (b) 11 where collected by a hearing officer appointed by the commissioner, 12 eighty percent of any such fine or penalty imposed for such liability 13 shall be paid to the thruway authority, and twenty percent shall be 14 deposited in the work zone speed camera administration fund established 15 pursuant to section ninety-nine-ss of the state finance law. With 16 respect to the percentage of fines or penalties paid to the thruway 17 authority, no less than sixty percent shall be dedicated to thruway 18 authority work zone safety projects after deducting the expenses neces- 19 sary to administer such [demonstration] program, provided, however, that 20 except as provided pursuant to section ninety-nine-ss of the state 21 finance law, such funds provided pursuant to this subdivision shall be 22 payable on the audit and warrant of the comptroller and shall only be 23 used to supplement and not supplant current expenditures of state funds 24 on work zone safety projects. For the purposes of this subdivision, 25 "work zone safety projects" shall apply to work zones under the juris- 26 diction of the thruway authority and shall include, but not be limited 27 to, inspection and implementation of work zone design, maintenance, 28 traffic plans and markings, worker safety training, contractor outreach, 29 enforcement efforts, radar speed display signs at major active work 30 zones and police presence at major active work zones, as provided in 31 section twenty-two of the transportation law. For the purposes of this 32 subdivision, the term "thruway authority" shall mean the New York state 33 thruway authority, a body corporate and politic constituting a public 34 corporation created and constituted pursuant to title nine of article 35 two of the public authorities law. All fines, penalties and forfeitures 36 paid to a county, city, town or village pursuant to the provisions of 37 this subdivision shall be credited to the general fund of such county, 38 city, town or village, unless a different disposition is prescribed by 39 charter, special law, local law or ordinance. 40 13. Where the Triborough bridge and tunnel authority has established a 41 program imposing monetary liability on the owner of a vehicle for fail- 42 ure of an operator thereof to comply with subdivision (b), (d), (f) or 43 (g) of section eleven hundred eighty of this chapter in accordance with 44 section eleven hundred eighty-h of this chapter, any fine or penalty 45 collected by the New York city parking violations bureau for an imposi- 46 tion of liability which occurs pursuant to such program shall be paid to 47 the state comptroller within the first ten days of the month following 48 collection, except as otherwise provided in subdivision three of section 49 ninety-nine-a of the state finance law. Every such payment shall be 50 accompanied by a statement in such form and detail as the comptroller 51 shall provide. Notwithstanding the provisions of subdivision five of 52 this section, eighty percent of any such fine or penalty imposed for 53 such liability shall be paid to the Triborough bridge and tunnel author- 54 ity, and twenty percent of any such fine or penalty shall be paid to the 55 New York city parking violations bureau. With respect to the percentage 56 of fines or penalties paid to the Triborough bridge and tunnel authori- 
 S. 3008 58 A. 3008 1 ty, no less than sixty percent shall be dedicated to Triborough bridge 2 and tunnel authority work zone safety projects after deducting the 3 expenses necessary to administer such program, provided, however, that 4 such funds provided pursuant to this subdivision shall be payable on the 5 audit and warrant of the comptroller and shall only be used to supple- 6 ment and not supplant current expenditures of state funds on work zone 7 safety projects. For the purposes of this subdivision, "work zone safety 8 projects" shall apply to work zones under the jurisdiction of the 9 Triborough bridge and tunnel authority and shall include, but not be 10 limited to, inspection and implementation of work zone design, mainte- 11 nance, traffic plans and markings, worker safety training, contractor 12 outreach, enforcement efforts, radar speed display signs at major active 13 work zones and police presence at major active work zones, as provided 14 in section twenty-two of the transportation law. For the purposes of 15 this subdivision, the term "Triborough bridge and tunnel authority" 16 shall mean the New York state Triborough bridge and tunnel authority, a 17 body corporate and politic constituting a public benefit corporation 18 created and constituted pursuant to title three of article three of the 19 public authorities law. All fines, penalties and forfeitures paid to a 20 county, city, town or village pursuant to the provisions of this subdi- 21 vision shall be credited to the general fund of such county, city, town 22 or village, unless a different disposition is prescribed by charter, 23 special law, local law or ordinance. 24 14. Where the New York state bridge authority has established a 25 program imposing monetary liability on the owner of a vehicle for fail- 26 ure of an operator thereof to comply with subdivision (b), (d), (f) or 27 (g) of section eleven hundred eighty of this chapter in accordance with 28 section eleven hundred eighty-i of this chapter, any fine or penalty 29 collected by a court, judge, magistrate or other officer for an imposi- 30 tion of liability which occurs pursuant to such program shall be paid to 31 the state comptroller within the first ten days of the month following 32 collection, except as otherwise provided in subdivision three of section 33 ninety-nine-a of the state finance law. Every such payment shall be 34 accompanied by a statement in such form and detail as the comptroller 35 shall provide. Notwithstanding the provisions of subdivision five of 36 this section, eighty percent of any such fine or penalty imposed for 37 such liability shall be paid to the bridge authority, and twenty percent 38 of any such fine or penalty shall be paid to the city, town or village 39 in which the violation giving rise to the liability occurred, provided, 40 however, that (a) within a county that has established a traffic and 41 parking violations agency pursuant to section three hundred seventy of 42 the general municipal law and such liability is disposed of by such 43 agency, eighty percent of any such fine or penalty imposed for such 44 liability shall be paid to the bridge authority, and twenty percent of 45 any such fine or penalty shall be paid to the county in which the 46 violation giving rise to the liability occurred; or (b) where collected 47 by a hearing officer appointed by the commissioner, eighty percent of 48 any such fine or penalty imposed for such liability shall be paid to the 49 bridge authority, and twenty percent shall be deposited in the work zone 50 speed camera administration fund established pursuant to section nine- 51 ty-nine-ss of the state finance law. With respect to the percentage of 52 fines or penalties paid to the bridge authority, no less than sixty 53 percent shall be dedicated to bridge authority work zone safety projects 54 after deducting the expenses necessary to administer such program, 55 provided, however, that except as provided pursuant to section ninety- 56 nine-ss of the state finance law, such funds provided pursuant to this 
 S. 3008 59 A. 3008 1 subdivision shall be payable on the audit and warrant of the comptroller 2 and shall only be used to supplement and not supplant current expendi- 3 tures of state funds on work zone safety projects. For the purposes of 4 this subdivision, "work zone safety projects" shall apply to work zones 5 under the jurisdiction of the bridge authority and shall include, but 6 not be limited to, inspection and implementation of work zone design, 7 maintenance, traffic plans and markings, worker safety training, 8 contractor outreach, enforcement efforts, radar speed display signs at 9 major active work zones and police presence at major active work zones, 10 as provided in section twenty-two of the transportation law. For the 11 purposes of this subdivision, the term "bridge authority" shall mean the 12 New York state bridge authority, a body corporate and politic constitut- 13 ing a public benefit corporation created and constituted pursuant to 14 title two of article three of the public authorities law. All fines, 15 penalties and forfeitures paid to a county, city, town or village pursu- 16 ant to the provisions of this subdivision shall be credited to the 17 general fund of such county, city, town or village, unless a different 18 disposition is prescribed by charter, special law, local law or ordi- 19 nance. 20 § 5. The state finance law is amended by adding a new section 99-ss to 21 read as follows: 22 § 99-ss. Work zone speed camera administration fund. 1. There is here- 23 by established in the joint custody of the commissioner of taxation and 24 finance and the comptroller a special fund to be known as the "work zone 25 speed camera administration fund". 26 2. The fund shall consist of fines or penalties collected by the 27 commissioner of motor vehicles for violations of sections eleven hundred 28 eighty-e and eleven hundred eighty-i of the vehicle and traffic law and 29 pursuant to subdivisions eleven, twelve and fourteen of section eighteen 30 hundred and three of the vehicle and traffic law. 31 3. Moneys of the fund shall be made available to the department of 32 motor vehicles only for the costs incurred by the department in adjudi- 33 cating liabilities and hearing administrative appeals regarding 34 violations of sections eleven hundred eighty-e and eleven hundred eight- 35 y-i of the vehicle and traffic law. 36 4. The moneys of the fund shall be paid out on the audit and warrant 37 of the comptroller on vouchers certified or approved by the commissioner 38 of motor vehicles. At the end of each year any moneys remaining in the 39 fund shall be retained in the fund and shall not revert to the general 40 fund. The interest and income earned on money in the fund, after 41 deducting any applicable charges, shall be credited to the fund. 42 § 6. Subdivision 2 of section 87 of the public officers law is amended 43 by adding two new paragraphs (v) and (w) to read as follows: 44 (v) are photographs, microphotographs, videotape or other recorded 45 images prepared under authority of section eleven hundred eleven-h of 46 the vehicle and traffic law. 47 (w) are photographs, microphotographs, videotape or other recorded 48 images prepared under authority of section eleven hundred eleven-i of 49 the vehicle and traffic law. 50 § 7. Section 16 of chapter 421 of the laws of 2021 amending the vehi- 51 cle and traffic law and the general municipal law relating to certain 52 notices of liability, is amended to read as follows: 53 § 16. This act shall take effect on the thirtieth day after it shall 54 have become a law; [provided, however, that sections twelve, thirteen, 55 fourteen and fifteen of this act shall expire and be deemed repealed 5 56 years after such effective date when upon such date the provisions of 
 S. 3008 60 A. 3008 1 such sections shall be deemed repealed;