A 6635: Establishes the green transition authority to promote the transition of the for-hire vehicle and other state industries to environmentally sustainable practices and increase universal accessibility of for-hire vehicles, paratransit services, and taxi services statewide; establishes a for-hire vehicle improvement surcharge for each for-hire transportation trip conducted in a transportation network company vehicle or by a high-volume for-hire service; makes an appropriation therefor.

  
  STATE OF NEW YORK ________________________________________________________________________ 6635 2025-2026 Regular Sessions  IN ASSEMBLY March 6, 2025 ___________ Introduced by M. of A. GONZALEZ-ROJAS -- read once and referred to the Committee on Corporations, Authorities and Commissions AN ACT to amend the public authorities law, in relation to establishing the green accessible transition authority; to amend the tax law, in relation to establishing a for-hire vehicle improvement surcharge; and making an appropriation therefor The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Short title. This act shall be known and may be cited as 2 the "green accessible transition act". 3 § 2. Legislative findings and declaration. The legislature finds and 4 declares that: 5 1. New York State's For-Hire Vehicle (FHV) industry is at the center 6 of three interlinked crises that impact FHV drivers, people with disa- 7 bilities, and the environment. 8 a. FHV driver poverty. Rideshare driver earnings are in the lowest 10% 9 of all occupations in the United States. This led the City of New York 10 to establish the first-ever pay regulations for app-based drivers, but 11 long hours and low pay remain the norm for most of the for-hire vehicle 12 industry's 91% immigrant, predominantly people of color workforce of 13 over 60,000 active drivers in NYC and for thousands more drivers across 14 the state. Earnings from trips are only half the problem. Union surveys 15 indicate that on average, each driver must spend $31,000 per year for 16 the things they need to do their job: a vehicle, gas, repairs, and 17 insurance. Vehicle costs push drivers into poverty. Unfunded mandates 18 to transition to electric vehicles, such as that of the City of New 19 York's "Green Rides" program, risk deepening this crisis. 20 b. Climate change. New York's fleet of rideshare vehicles is a major 21 source of greenhouse gas emissions that drive climate change. In New 22 York City alone, a fleet of 81,000 gasoline-fueled rideshare vehicles 23 puts 1.4 million tons of CO2 into the atmosphere every year, a 62% EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD01021-02-5 
 A. 6635 2 1 increase from 2013 to 2018 as the FHV fleet ballooned. Transportation 2 generates approximately 30% of New York City's total carbon emissions, 3 with the FHV fleet responsible for a substantial portion of this total. 4 The massive increase in emissions from the FHV fleet has moved New York 5 City away from the goal established by the City Council of zero carbon 6 emissions by 2050. Statewide, rideshare vehicles are a disproportionate 7 driver of greenhouse gas emissions that cause climate change because 8 they are on the road more hours than privately-used vehicles. Addi- 9 tionally, the State is far behind the curve in meeting its emissions 10 reductions and renewable energy production established by the Climate 11 Leadership and Community Protection Act (CLCPA). 12 c. Wheelchair accessibility. Very few rideshare vehicles are wheel- 13 chair accessible across New York State. In 2011, people with disabili- 14 ties launched a campaign to bring New York City's taxicab fleet into 15 line with the requirements of the Americans with Disabilities Act (ADA). 16 In 2014, the campaign won a consent decree that mandated that half of 17 the taxicab fleet of 13,587 vehicles would be made up of Wheelchair 18 Accessible Vehicles (WAVs) by 2020. The 2013 decree was enhanced by an 19 August 29, 2024 court order requiring all new taxis to be wheelchair 20 accessible until half of all taxis are accessible. To fund this mandate, 21 in 2014 the City of New York created a 30-cent surcharge on all yellow 22 and green cab rides to establish a Taxicab Improvement Fund (TIF) which 23 would issue grants of up to $30,000 to medallion owners to buy and main- 24 tain accessible vehicles. This surcharge was recently increased to 25 $1/trip. To date, 3,564 WAV vehicles, which is less than half the fleet 26 of 13,587 taxis, have been purchased and deployed as taxis. Only around 27 half the medallion fleet has come back on the road since the start of 28 the pandemic. The Taxis For All Campaign advocated for accessibility in 29 New York City's FHV fleets; in response, the New York City Taxi and 30 Limousine Commission approved performance standards for these fleets, 31 requiring them to serve wheelchair users within 15 minutes of a ride 32 request. However, with no funding available on the for-hire vehicle side 33 of the industry, only 3,373 out of a total of 94,000 FHVs in New York 34 City are wheelchair accessible. Statewide, there is no mandate for taxi 35 or for-hire vehicle accessibility, and wheelchair accessible vehicles 36 are essentially non-existent, in spite of efforts by advocates to 37 require wheelchair accessibility when the state passed legislation to 38 allow FHVs to operate. In practical terms, the failure to provide wheel- 39 chair accessible FHVs and taxis means that persons with disabilities who 40 need to use WAVs are unable to get jobs, attend school, or otherwise 41 fully participate in the civic and public life of their communities. 42 Instead, they must rely on woefully inadequate paratransit systems or 43 infrequent and unreliable bus service, or are just isolated at home. 44 2. It is in the interest of the state to establish a dedicated public 45 authority, the Green Accessible Transition Authority, to address the 46 three crises of driver poverty, climate change, and lack of wheelchair 47 accessible vehicles in the FHV industry. The Green Accessible Transition 48 Authority will manage funding collected through a surcharge on FHV 49 rides, additional government appropriations, and bond issuances to: 50 a. Work with and incentivize auto manufacturers and retrofitters to 51 rapidly develop and market zero-emissions wheelchair accessible vehi- 52 cles; 53 b. Establish a co-investment program to incentivize and enable FHV 54 drivers to purchase or retrofit zero-emission and wheelchair accessible 55 vehicles; 
 A. 6635 3 1 c. Develop zero-emission vehicle charging infrastructure and mainte- 2 nance facilities for zero-emission and wheelchair accessible vehicles; 3 d. Establish a voluntary transition program for drivers who wish to 4 leave the FHV industry to receive paid training for employment in green 5 jobs or jobs in disability advocacy; 6 e. Fund other initiatives to advance economic development with the 7 goal of decarbonizing the transportation sector and creating good, green 8 jobs and jobs in disability advocacy; and 9 f. Improve paratransit service across New York State. 10 3. It is critical that the Green Accessible Transition Authority 11 represent the public, drivers, autoworkers, environmental justice advo- 12 cates, and disability justice advocates, and be transparent and account- 13 able to these stakeholders in managing funding and programs. 14 § 3. Article 8 of the public authorities law is amended by adding a 15 new title 7 to read as follows: 16 TITLE 7 17 GREEN ACCESSIBLE TRANSITION AUTHORITY 18 Section 1750. Definitions. 19 1751. Green accessible transition authority. 20 1752. Members. 21 1753. Purposes, powers and duties of the authority. 22 1754. Additional powers of the authority. 23 1755. Green accessible transition fund. 24 1756. Accounts and funding. 25 1757. Exemption from taxes, assessments and certain fees. 26 1758. Audit and annual report. 27 1759. Labor and procurement standards. 28 1760. Bonds and notes. 29 1761. Reserve funds and appropriations. 30 1762. Exemption from taxation of bonds and notes. 31 1763. Bonds and notes legal investments for fiduciaries. 32 1764. Right of state to require redemption of bonds. 33 1765. Rights and remedies of bondholders and noteholders. 34 1766. State not liable on bonds and notes. 35 § 1750. Definitions. As used or referred to in this title, unless a 36 different meaning clearly appears from the context: 37 1. "Authority" means the green accessible transition authority estab- 38 lished pursuant to section seventeen hundred fifty-one of this title. 39 2. "Disadvantaged communities" means communities that bear the burdens 40 of negative public health effects, environmental pollution, and impacts 41 of climate change, and possess certain socioeconomic criteria, as iden- 42 tified pursuant to section 75-0111 of the environmental conservation 43 law. 44 3. "Disadvantaged or underrepresented worker" means a resident of New 45 York state who: 46 (a) is a woman, when considering construction and building contracts; 47 (b) has a household income of less than fifty percent of the area 48 median income; 49 (c) is an individual residing in an area of concentrated poverty; 50 (d) has a disability; 51 (e) is a veteran; 52 (f) is a person previously incarcerated or convicted of a crim- 53 inal offense; or 54 (g) is long-term unemployed. 
 A. 6635 4 1 4. "Downstate region" means that portion of the state that includes 2 each of the following counties: Nassau, Suffolk, Putnam, Rockland, West- 3 chester, Dutchess, Orange, Bronx, Kings, New York, Queens, and Richmond. 4 5. "Electric vehicle" means a vehicle powered only by an electric 5 motor that draws current from rechargeable storage batteries, fuel 6 cells, photovoltaic arrays, or other sources of electric current. 7 6. "Electric vehicle charging infrastructure" means any physical 8 infrastructure required for the construction of electric vehicle charg- 9 ing stations. 10 7. "Electric vehicle charging station" means stations that deliver 11 electricity from a source outside an electric vehicle into one or more 12 electric vehicles, or any related equipment needed to facilitate charg- 13 ing electric vehicles. 14 8. "Environmentally sustainable practices" means practices that prior- 15 itize the responsible use of natural resources to maintain ecological 16 balance and ensure the conservation of resources for future generations. 17 9. "For-hire vehicle" means any transportation network company vehicle 18 (TNC vehicle) as defined in section sixteen hundred ninety-one of the 19 vehicle and traffic law and any for-hire vehicle as defined in section 20 19-502 of the administrative code of the city of New York. 21 10. "For-hire vehicle improvement surcharge" means the surcharge on 22 for-hire vehicle transportation trips imposed under article 23 twenty-nine-E of the tax law. 24 11. "Green job" means employment within industries that employ envi- 25 ronmentally sustainable practices. 26 12. "Upstate region" means that portion of the state that includes 27 each and every county of the state not included in the downstate region, 28 as defined in subdivision four of this section. 29 13. "Wheelchair accessible vehicle" means a vehicle equipped with a 30 hydraulic lift or ramps designed for the purpose of transporting persons 31 using wheelchairs or a vehicle containing any other physical device or 32 alteration designed to permit access to and enable the transportation of 33 persons using wheelchairs and which meets the federal Americans with 34 Disabilities Act requirements for a wheelchair accessible vehicle. 35 14. "Zero-emission vehicle" means a vehicle that produces no direct 36 exhaust or tailpipe emissions and includes, but is not limited to, elec- 37 tric vehicles. 38 15. "Paratransit" means transportation services required by the 39 federal Americans with Disabilities Act for individuals with disabili- 40 ties who are unable to use fixed route transportation systems as defined 41 in 49 CFR § 37.3. 42 16. "President" means the chief executive officer of the authority. 43 § 1751. Green accessible transition authority. There is hereby created 44 the green accessible transition authority (GreATA). The authority shall 45 be a body corporate and politic constituting a public benefit corpo- 46 ration. 47 § 1752. Members. 1. The authority shall consist of nine voting 48 members, who shall be appointed as follows: two shall be representatives 49 of environmental justice organizations, one of whom shall be appointed 50 by the governor, and one of whom shall be appointed by the speaker of 51 the assembly; two shall be representatives of disability justice organ- 52 izations and shall be paratransit users, one of whom shall be appointed 53 by the governor, and one of whom shall be appointed by the temporary 54 president of the senate; one shall be a representative of drivers of 55 for-hire vehicles who is a member of a New York state worker cooperative 56 corporation owned by drivers licensed by the New York city taxi and 
 A. 6635 5 1 limousine commission and shall be appointed by the governor; one shall 2 be a representative of an organization with a track record of advocacy 3 for a just, green transition of the for-hire vehicle industry and shall 4 be appointed by the speaker of the assembly; one shall be a represen- 5 tative of automotive workers' union and shall be appointed by the tempo- 6 rary president of the senate; one shall be a representative of a build- 7 ing trades union and shall be appointed by the governor; and one shall 8 be appointed by the governor as an at-large representative of the public 9 with consent from both houses of the legislature. Four of the members 10 shall reside in the upstate region of the state and five of the members 11 shall reside in the downstate region. All of the appointed members 12 shall have relevant experience in any or all of the following areas: 13 environmental justice, disability justice, energy markets, energy 14 systems, organized labor, workforce development, sustainable land use, 15 transportation, and clean energy. 16 2. All members shall continue to hold office until their successors 17 are appointed and qualify. Of the appointed members, six of the members 18 appointed by the governor shall serve initial terms of four years, while 19 the remaining five members shall serve initial terms of three years. 20 Thereafter, all terms shall be for a period of four years. 21 3. Vacancies shall be filled in the manner provided for original 22 appointments. Members may be removed from office for the same reasons 23 and in the same manner as may be provided by law for the removal of 24 officers of a county. 25 4. The members of the authority shall designate the chair. The chair 26 shall preside over meetings of the authority and shall serve as the 27 primary liaison between the members and authority staff. A vice-chair 28 may be elected by the authority from among its other members to serve as 29 such at the pleasure of the authority. The vice-chair shall preside over 30 all meetings of the authority in the absence of the chair and shall have 31 such other duties as the authority may prescribe. The president shall be 32 the chief executive officer of the authority and shall be primarily 33 responsible for the discharge of the executive and administrative func- 34 tions of the authority. 35 5. The members of the authority shall receive no compensation for 36 their services but shall be reimbursed for all other actual and neces- 37 sary expenses incurred in connection with the carrying out of the 38 purposes of this title. 39 § 1753. Purposes, powers and duties of the authority. 1. The 40 purposes of the authority shall be to promote the simultaneous transi- 41 tion of the for-hire vehicle and other state industries to environ- 42 mentally sustainable practices and increase universal accessibility of 43 for-hire vehicles, paratransit services, and taxi services statewide. 44 2. Except as otherwise limited by this title, the authority shall 45 have the power to: 46 (a) Sue and be sued; 47 (b) Have a seal or alter such seal at pleasure; 48 (c) Make and alter by-laws for its organization and management and to 49 make and alter rules and regulations governing the exercise of its 50 powers and fulfillment of its purposes under this title; 51 (d) Make rules and regulations governing the exercise of its corporate 52 powers and the fulfillment of its corporate purposes under this title 53 and title nine-A of this article, which shall be filed with the depart- 54 ment of state in the manner provided by section one hundred two of the 55 executive law; 
 A. 6635 6 1 (e) Appoint such officers, agents, and employees, without regard to 2 any personnel or civil service law, rule or regulation of the state and 3 in accordance with guidelines adopted by the authority, as it may 4 require for the performance of its duties and to fix and determine their 5 qualifications, duties and compensation; 6 (f) Acquire, lease, hold, and dispose of real and personal property, 7 whether tangible or intangible, or any interest therein, by any method; 8 (g) Make and execute agreements, contracts or other instruments neces- 9 sary or convenient for the exercise of its functions, powers and duties 10 under this title; 11 (h) Fix and collect fees, rentals and charges for the use of any prop- 12 erty or facility under its jurisdiction, or for the sale of any product, 13 by-product or service produced in or provided by any such facility, and 14 establish the rights and privileges created upon payment thereof. Such 15 fees, rentals and charges shall be established by the authority so as to 16 produce, in the judgment of the authority, revenues sufficient, together 17 with any other funds available to the authority, to meet the expenses of 18 maintenance and operation of the facilities of the authority, to repay 19 any moneys repayable to the state, to fulfill the terms of agreements 20 with the holders of its bonds, notes, or other obligations, and to 21 provide funds for such other corporate purposes as the authority may 22 deem appropriate; 23 (i) Borrow money and issue such notes, bonds, or other obligations in 24 relation to such indebtedness, and secure any of its obligations by 25 mortgage or pledge of all or any of its property or any interest there- 26 in, wherever situated; 27 (j) Arrange for guarantees of its bonds, notes, or other obligations 28 by the federal government or by any private insurer or otherwise and to 29 pay any premiums therefor; 30 (k) Purchase bonds, notes, or other obligations of the authority at 31 such price or prices as the authority may determine; 32 (l) Lend money, invest and reinvest its funds, and take and hold real 33 and personal property as security for the payment of funds so loaned or 34 invested; 35 (m) Procure insurance or obtain indemnification from the federal 36 government or other persons against any loss in connection with its 37 properties or operations in such amount or amounts and from such insur- 38 ers, including the federal government, as it may deem necessary or 39 desirable, and to pay any premiums therefor; 40 (n) Accept any gifts or grants or loans of funds or property or finan- 41 cial or other aid in any form from the federal government or any agency 42 or instrumentality thereof, the state, or any other source, and to 43 comply with the provisions of this title and the terms and conditions 44 thereof; 45 (o) Engage the services of bond counsel, financial advisors, account- 46 ants, engineers, attorneys, and other private consultants on a contract 47 basis for rendering professional and technical assistance and advice; 48 (p) Create or acquire one or more wholly-owned subsidiaries as may be 49 necessary to carry out the provisions of this title; 50 (q) Negotiate and enter into agreements with trustees or receivers 51 appointed by United States bankruptcy courts or federal district courts 52 or in other proceedings involving adjustment of debts, and to authorize 53 legal counsel for the authority to appear in any such proceedings; 54 (r) File a petition under chapter nine of title eleven of the United 55 States bankruptcy code, or take other similar action for the adjustment 56 of its debts; 
 A. 6635 7 1 (s) Enter into management agreements for the operation of all or any 2 of the property or facilities owned by the authority; 3 (t) Maintain an office or offices at such place or places in the state 4 as it may determine; 5 (u) Make any inquiry, investigation, survey, or study which the 6 authority may deem necessary to enable it to effectively carry out the 7 provisions of this title and to require the production of records, 8 books, papers, accounts, and other documents, including public records, 9 and to make copies thereof or extracts therefrom; 10 (v) Adopt, revise, amend, and repeal rules and regulations with 11 respect to its operations, properties, facilities, and projects as may 12 be necessary or convenient to carry out the purposes of this title, 13 subject to the provisions of the state administrative procedure act; 14 (w) From time to time enter into agreements with the New York state 15 energy research and development authority, the department of environ- 16 mental conservation, the New York power authority, the department of 17 labor, the department of state, the metropolitan transportation authori- 18 ty, other state transit authorities, the New York city taxi and limou- 19 sine commission or any other relevant entity to finance the capital 20 costs of projects authorized pursuant to section eighty-eight-b of the 21 state finance law, and to issue bonds and notes for capital projects 22 approved by the board; provided, however, that each provision of this 23 title relating to bonds and notes which are not inconsistent with the 24 provisions of this section shall apply to the bonds and notes authorized 25 by this section; 26 (x) Request support and services to the authority from any other state 27 agency or authority; 28 (y) Levy fines and fees; 29 (z) Establish and issue grants for programs, jobs, upgrades, or for 30 any other purpose within the scope of the authority; 31 (aa) Prioritize granting funds to projects, programs and initiatives 32 in disadvantaged communities or disadvantaged workers; and 33 (bb) Assist other state and local agencies and authorities in the 34 procurement of zero-emission wheelchair accessible vehicles. 35 3. (a) The authority shall not give, grant, gift, or loan money to any 36 projects, jobs, programs, or initiatives that further dependence on 37 fossil fuels or are not in compliance with the Americans with Disabili- 38 ties Act. 39 (b) The authority shall not grant or gift money to any projects, jobs, 40 programs, or initiatives whose shares contain a fifty percent or greater 41 interest from a fossil fuel company or that are being led by a fossil 42 fuel company. 43 (c) The authority shall not give, grant, gift, or loan money to any 44 projects, jobs, programs or initiatives that use blue, turquoise, 45 brown/black, yellow, white or grey hydrogen, or any combination thereof, 46 or the production thereof in any amount. Any use of such colors of 47 hydrogen that are combined with green hydrogen shall not receive any 48 funding from the authority. 49 (d) The authority shall have the ability to establish and issue grants 50 for programs, jobs, upgrades, or anything else that falls within the 51 scope of the authority, and at a minimum, shall grant fifty percent of 52 vehicle purchase funds to support the purchase or retrofit of zero-emis- 53 sion wheelchair accessible for-hire vehicles in the first year, and 54 increase the percentage by ten percent every year thereafter until one 55 hundred percent of vehicle at purchase funds have been dedicated to 56 zero-emission wheelchair accessible for-hire vehicles. 
 A. 6635 8 1 (e) The authority shall ensure that at least forty percent of spending 2 on transportation and clean energy benefits disadvantaged communities in 3 accordance with section 75-0117 of the environmental conservation law. 4 § 1754. Additional powers of the authority. In addition to the powers 5 enumerated in section seventeen hundred fifty-three of this title, the 6 authority shall have the power and obligation to: 7 1. Collect data from transportation network company providers operat- 8 ing in the state including, but not limited to: (a) the number of wheel- 9 chair-accessible and electric vehicles operating in each county or 10 region; (b) the number of trips, and mileage driven by for-hire vehicles 11 and taxis; (c) the annual estimated emissions of for-hire vehicles and 12 taxis statewide; and (d) the number of wheelchair accessible trips 13 requested and completed by for-hire vehicles and taxis statewide. 14 2. Conduct and publish annual studies of the for-hire vehicle industry 15 to set standards and goals for the transition of the for-hire vehicle 16 and paratransit fleets to the exclusive use of zero-emission and wheel- 17 chair accessible vehicles; 18 3. Convene a green accessible vehicle taskforce, including environ- 19 mental justice, disability justice, and labor advocates to: (a) assess 20 the availability of zero-emission and wheelchair accessible vehicles; 21 (b) work with government authorities and automakers to ensure that vehi- 22 cles meeting appropriate environmental and accessibility standards are 23 brought to market, including issuing a request for proposal to incentiv- 24 ize production of zero-emission wheelchair accessible vehicles within 25 six months of the effective date of this article; and (c) vet vehicles 26 eligible for inclusion in the co-investment program pursuant to subdivi- 27 sion four of this section based on their available features and the 28 automakers' commitment to labor, social and environmental benefits; 29 4. Administer a co-investment program for the purchase of qualifying 30 vehicles, under the terms of which for-hire vehicle drivers and para- 31 transit agencies and programs shall be eligible for a voucher of an 32 amount and under the terms to be determined by the authority toward the 33 purchase of zero-emission vehicles and wheelchair accessible vehicles 34 approved for inclusion in the program by the green accessible vehicle 35 taskforce pursuant to subdivision three of this section. In the event 36 the authority makes a determination that insufficient accessible zero- 37 emissions vehicles are available for purchase or retrofit to meet this 38 goal in a given year, the authority may instead utilize funds to support 39 expansion of on-demand paratransit service statewide and electrification 40 of dedicated paratransit fleets; 41 5. After the zero-emission and wheelchair accessible vehicle transi- 42 tion goals are met, develop and administer a voluntary program for driv- 43 ers of for-hire vehicles to receive training and financial support to 44 enter into alternative employment in public service, green, or disabili- 45 ty justice jobs; 46 6. Fund the development of infrastructure required to support the 47 expanding use of zero-emission vehicles, including but not limited to 48 electric vehicle charging infrastructure; 49 7. Fund the purchase of zero-emission and wheelchair accessible vehi- 50 cles, excluding any hydrogen-based vehicles that operate on any color of 51 hydrogen other than green hydrogen, and infrastructure needed to rapidly 52 transition public paratransit services to zero-emission vehicles; 53 8. Fund any and all other activities that promote and facilitate: (a) 54 the transition of New York state toward one hundred percent zero-emis- 55 sion wheelchair accessible vehicles; (b) after the primary goal of a 56 transition of the for-hire vehicle industry to zero-emission wheelchair 
 A. 6635 9 1 accessible vehicles has been substantially achieved, other initiatives 2 that help achieve compliance with the state's greenhouse gas emissions 3 reductions mandates under the climate leadership and community 4 protection act, the city of New York's 80 x 2050 initiative and local 5 law ninety-seven, and/or future requirements for additional reductions 6 in greenhouse gas or co-pollutant emissions that the legislature may 7 impose; and (c) the infrastructure to environmentally sustainable prac- 8 tices, and in the public interest; 9 9. Fund programs to expand and improve reliability of paratransit 10 services in the state including, but not limited to: (a) purchase and 11 operation of zero-emission wheelchair accessible vehicles by paratransit 12 agencies and their contractors; (b) adoption of, expansion of, and ongo- 13 ing support for on-demand paratransit service statewide; (c) expansion 14 of paratransit service to broader geographic areas; and (d) other inno- 15 vative projects that seek to enhance paratransit service quality through 16 improved technology, education, and other strategies. The authority 17 shall ensure that at least twenty percent of overall funds are used to 18 support paratransit services and shall further ensure that at least 19 fifty percent of such funds are allocated to supporting paratransit 20 services operating in the upstate region, with the goal of making on-de- 21 mand paratransit service available statewide with availability twenty- 22 four hours a day, seven days a week, at least three miles beyond exist- 23 ing public transit routes; and 24 10. Provide ten percent of overall funds to grants for organizations 25 to provide training and assistance for drivers to access and operate 26 zero-emission wheelchair accessible vehicles and subsidies, with awards 27 to no less than five providers annually. Awarded providers shall be 28 nonprofit organizations or labor unions, and shall have a track record 29 of providing services for for-hire vehicle drivers in New York state. 30 § 1755. Green accessible transition fund. 1. The authority shall 31 create and establish a fund to be known as the "green accessible transi- 32 tion fund" which shall be kept separate from and shall not be commingled 33 with any other moneys of the authority. The green accessible transition 34 fund shall consist of moneys received by the authority pursuant to the 35 provisions of section twelve hundred ninety-nine-ff of the tax law in 36 accordance with the provisions thereof. 37 2. Moneys in the fund shall be used for the exclusive purpose of 38 funding programs administered by the authority. 39 3. Any revenues deposited in the green accessible transition fund 40 pursuant to subdivision one of this section shall be used exclusively 41 for the purposes described in subdivision two of this section. Such 42 revenues shall only supplement and shall not supplant any federal, 43 state, or local funds expended by the authority or such authority's 44 affiliates or subsidiaries for such purposes. 45 4. Any revenues deposited into the green accessible transition fund 46 pursuant to subdivision one of this section shall not be diverted into 47 the general fund of the state, any other fund maintained for the support 48 of any other governmental purpose, or for any other purpose not author- 49 ized by subdivision two of this section. 50 5. The authority shall report on the receipt and uses of all funds 51 received by the green accessible transition fund to the director of the 52 budget, the temporary president of the senate, and the speaker of the 53 assembly, on an annual basis no later than the first day of February. 54 § 1756. Accounts and funding. 1. The programs administered by the 55 authority shall be funded in part by the green accessible transition 56 fund established pursuant to section seventeen hundred fifty-five of 
 A. 6635 10 1 this title and any other moneys received by the authority, including 2 payments, gifts, or appropriations to the authority from any other 3 source. 4 2. The authority shall be authorized to set a standard rate for vehi- 5 cle charging stations owned by the authority and to collect any revenue 6 generated from such charging stations. 7 3. The authority shall have the power and is hereby authorized from 8 time to time to issue its negotiable bonds in conformity with applicable 9 provisions of the uniform commercial code for any purpose authorized by 10 this title. 11 § 1757. Exemption from taxes, assessments and certain fees. It is 12 hereby determined that the creation of the authority and the carrying 13 out of its corporate purposes is in all respects for the benefit of the 14 people of the municipality and the state and is a public purpose and the 15 authority shall be regarded as performing a governmental function in the 16 exercise of the powers conferred upon it by this title and shall not be 17 required to pay any taxes, special ad valorem levies or special assess- 18 ments upon any property owned by it or under its jurisdiction, control 19 or supervision or upon its activities or any filing, recording or trans- 20 fer fees or taxes in relation to instruments filed, recorded or trans- 21 ferred by it or on its behalf. The construction, use, occupation or 22 possession of any property owned by the authority or the municipality, 23 including improvements thereon, by any person or public corporation 24 under a lease, lease and sublease or any other agreement shall not oper- 25 ate to abrogate or limit the foregoing exemption, notwithstanding that 26 the lessee, user, occupant or person in possession shall claim ownership 27 for federal income tax purposes. Mortgages made or financed, directly or 28 indirectly, by the authority shall be exempt from the mortgage recording 29 taxes imposed by article eleven of the tax law. The authority shall be 30 deemed a public authority for the purposes of section four hundred 31 twelve of the real property tax law. 32 § 1758. Audit and annual report. In conformity with the provisions of 33 section five of article ten of the constitution, the accounts of the 34 authority shall be subject to the supervision of the state comptroller 35 and an annual audit shall be performed by an independent certified 36 accountant. The authority shall annually submit to the governor, state 37 comptroller and state legislature a detailed report pursuant to the 38 provisions of section twenty-eight hundred of this chapter, and a copy 39 of such report shall be filed with every municipality included in the 40 report. The authority shall comply with the provisions of sections twen- 41 ty-eight hundred one, twenty-eight hundred two and twenty-eight hundred 42 three of this chapter. 43 § 1759. Labor and procurement standards. 1. Any project that is funded 44 by the authority shall: 45 (a) Be deemed a public work project subject to article eight of the 46 labor law; 47 (b) Require that any materials used in the project are produced or 48 made in whole or substantial part in the United States, its territories 49 or possessions; provided, however, that the provisions of this paragraph 50 shall not apply in any case or category of cases in which the head of 51 the contracting public entity finds that: (i) applying this paragraph 52 would be inconsistent with the public interest; (ii) products are not 53 produced in the United States in sufficient and reasonably available 54 quantities and of a satisfactory quality; or (iii) inclusion of products 55 produced in the United States will increase the cost of the overall 56 project by more than twenty-five percent. If the head of the contracting 
 A. 6635 11 1 public entity receives a request for a waiver from the requirements of 2 this paragraph, such person shall make available to the public on an 3 informal basis a copy of the request and information available to such 4 person concerning the request, and shall allow for informal public input 5 on the request for at least fifteen days prior to making a finding based 6 on the request. The head of the contracting public entity shall make the 7 request and accompanying information available by electronic means, 8 including on the official public website of the public entity; provided 9 further, however, that the provisions of this paragraph shall not apply 10 to products purchased prior to the effective date of this title. The 11 head of the contracting public entity may, at the contracting public 12 entity's sole discretion, provide for a solicitation of a request for 13 proposal, invitation for bid, or solicitation of proposal, or any other 14 method provided for by law or regulation for soliciting a response from 15 offerors intending to result in a contract pursuant to this paragraph 16 involving a competitive process in which the evaluation of competing 17 bids gives significant consideration in the evaluation process to the 18 procurement of equipment and supplies from businesses located in New 19 York state; 20 (c) Require that any public owner or third party acting on the behalf 21 of a public owner enter into a project labor agreement as defined by 22 section two hundred twenty-two of the labor law for all construction 23 work; 24 (d) Require the payment of prevailing wage standards consistent with 25 article nine of the labor law for building services work; and 26 (e) Require that all rights or benefits, including terms and condi- 27 tions of employment, and protection of civil service and collective 28 bargaining status of all existing public employees and the work juris- 29 diction, covered job titles, and work assignments, set forth in the 30 civil service law and collective bargaining agreements with labor organ- 31 izations representing public employees shall be preserved and protected. 32 2. Any such project shall not result in the: 33 (a) Displacement of any currently employed worker or loss of position, 34 including partial displacement such as a reduction in the hours of non- 35 overtime work, wages, or employment benefits, or result in the impair- 36 ment of existing collective bargaining agreements; 37 (b) Transfer of existing duties and functions related to maintenance 38 and operations performed by existing employees of authorized entities to 39 a contracting entity; or 40 (c) Transfer of future duties and functions ordinarily performed by 41 employees of authorized entities to a contracting entity. 42 3. Any project funded by the authority shall certify that the materi- 43 als, components, parts or vehicles are produced or made in whole or 44 substantial part in the United States, its territories or possessions; 45 provided, however, that the president of the authority, or the presi- 46 dent's designee may waive the procurement requirements set forth in this 47 subdivision if such official determines that: (a) the requirements 48 would result in unreasonable costs; (b) obtaining such infrastructure- 49 related materials, components or parts in the United States would 50 increase the cost of a project by an unreasonable amount; or (c) any 51 such vehicles, parts, or components cannot be produced, made, or assem- 52 bled in the United States in sufficient and reasonably available quanti- 53 ties or of satisfactory quality. Any such waiver shall remain in effect 54 only so long as the conditions necessitating the waiver are in effect. 55 All determinations on waivers shall be made on an annual basis no later 56 than December thirty-first, after providing notice and opportunity for 
 A. 6635 12 1 public comment, and such determination shall be made publicly available, 2 in writing, on the authority's website with a detailed explanation of 3 the findings leading to such a determination. If the president or the 4 president's designee has issued determinations for three consecutive 5 years finding that no such waiver is warranted pursuant to this subdivi- 6 sion, then the authority shall no longer be required to provide the 7 annual determination required by this subdivision. 8 4. (a) For the purposes of this subdivision, the following terms shall 9 have the following meanings: 10 (i) "Contractor" means an entity that sells an approved eligible vehi- 11 cle to a vehicle purchaser and that meets the following criteria: 12 (1) Is any of the following types of entities: 13 (A) A zero-emission wheelchair accessible vehicle dealership that has 14 a written agreement with a zero-emission wheelchair accessible vehicle 15 original equipment manufacturer and that sells or leases complete eligi- 16 ble vehicles to vehicle owner-operators; 17 (B) An original equipment manufacturer that builds and sells or leases 18 complete eligible vehicles directly to fleets or vehicle owner-opera- 19 tors; 20 (C) An automotive vehicle upfit or retrofit manufacturer that has a 21 written agreement with an original equipment manufacturer and that 22 upfits, retrofits, or performs final equipment installations on new 23 replacement or repowered vehicles and sells or leases the completed 24 eligible vehicle to a leasing company, fleet, or vehicle owner-operator; 25 or 26 (D) A retrofit kit company that produces and installs such kits on 27 existing vehicles, such as a battery electric vehicle kit on an existing 28 diesel-powered vehicle; 29 (2) Has a valid business license for the past two years; and 30 (3) Is the entity that sells or leases the fully assembled and 31 completed new eligible vehicle or repowered vehicle. 32 (ii) "Disadvantaged communities" shall have the same meaning as 33 defined by section 75-0101 of the environmental conservation law. 34 (iii) "Displaced workers" means workers who have lost their jobs in 35 the previous five years due to lack of business, a reduction in work- 36 force, or other economic, non-disciplinary reasons related to a pandemic 37 or to the transition from the fossil fuel industry to renewable energy 38 or electric transportation, and who have not been able to secure a 39 comparably compensated position. 40 (iv) "Eligible vehicle" means a zero-emission wheelchair accessible 41 vehicle that meets all of the rules and requirements of the authority. 42 (v) "New York jobs plan" means a component of the documentation 43 submitted during the eligibility application process and that shall be 44 used to determine certain plus-ups and deductions from the base incen- 45 tive amount. The New York jobs plan shall include the information 46 submitted by the contractor, the contractor's supplier, and the contrac- 47 tor's major supplier, which states: (1) the minimum number of jobs; (2) 48 proposed wages, benefits, and investment in training; (3) targeted 49 hiring plans for disadvantaged workers, displaced workers, and individ- 50 uals facing barriers to employment for jobs created or retained in the 51 state; (4) lifecycle emissions analysis; (5) use of recycled content; 52 (6) plans to maximize reuse and recycling of batteries; and (7) the use 53 of recycled or responsibly-mined minerals. 54 (vi) "Original equipment manufacturer" means a manufacturer that 55 builds or assembles, at a minimum, the completed drivetrain and chassis 56 for an eligible vehicle. 
 A. 6635 13 1 (vii) "Supplier" means a company that sells vehicles or component 2 parts of vehicles to an original equipment manufacturer or an upfit or 3 retrofit manufacturer. 4 (viii) "Responsible mineral sourcing" means original equipment 5 manufacturer procurement practices for components and raw materials that 6 enable the original equipment manufacturer to accurately assess and 7 report the social and environmental impact of mined minerals used in the 8 production of the vehicle, and in which the original equipment manufac- 9 turer takes active steps to improve the social and environmental impact 10 of the mined minerals used in the production of such vehicle by ensuring 11 that any mined minerals used in the vehicle conform to the highest 12 possible standards of social responsibility, including free, prior, and 13 informed consent, human rights, labor rights, worker and community 14 health and safety, conflict involvement, community engagement and 15 consultation, and cultural heritage, and environmental responsibility, 16 including water management, air quality, greenhouse gas emissions, noise 17 management, protection of ecosystems and biodiversity, and management of 18 toxins including mercury and cyanide. Whenever available, standards and 19 evaluations shall conform to those of the initiative for responsible 20 mining assurance. 21 (ix) "Upfit or retrofit manufacturer" means a manufacturer that 22 installs equipment on an automotive vehicle chassis purchased from an 23 original equipment manufacturer. The upfit or retrofit manufacturer 24 shall bear full responsibility under federal law for any vehicle defects 25 and shall be responsible for certifying that the vehicle meets all 26 applicable federal safety standards. 27 (b) The authority shall establish guidelines governing the qualifica- 28 tions of eligible vehicles and shall consider prospective vehicle 29 contractors' experience, financial capability and responsibility, and 30 past performance, including performance on meeting New York jobs plan 31 commitments. 32 (c) The authority shall develop procedures for determining incentive 33 amounts for eligible vehicles. As part of the eligibility qualification 34 process, the authority shall require prospective contractors to submit 35 New York jobs plan information for themselves as well as their suppli- 36 ers. If a contractor is a zero-emission vehicle dealership that has a 37 written agreement with a zero-emission vehicle original equipment 38 manufacturer, then the contractor shall submit New York jobs plan infor- 39 mation from the original equipment manufacturer. At a minimum, the New 40 York jobs plan shall require prospective contractors and their suppliers 41 to provide the following information: 42 (i) The minimum number of full-time equivalent permanent jobs in 43 production occupations to be retained and created per ten vehicle sales; 44 (ii) The minimum wage levels by job classification; 45 (iii) The minimum amounts that will be paid for fringe benefits by job 46 classification; 47 (iv) The minimum amounts that will be paid for worker training by job 48 classification; 49 (v) Information on recruitment and training programs targeted specif- 50 ically towards individuals facing barriers to employment, displaced 51 workers, and disadvantaged workers; 52 (vi) Lifecycle emissions analysis of the vehicles; 53 (vii) The minimum percent total values of recycled content in the 54 chassis, body, battery, and motor, along with the total value of each of 55 these components; 
 A. 6635 14 1 (viii) A plan to maximize reuse and recycling of the traction battery 2 at end of use in vehicles; and 3 (ix) A plan to purchase motors manufactured using recycled (first 4 priority) or responsibly-mined (second priority) copper and batteries 5 using recycled or responsibly-mined lithium, nickel, and cobalt, accord- 6 ing to the standards and assessments established by the initiative for 7 responsible mining assurance. 8 (d) Upon certification of an eligible vehicle, the New York jobs plan 9 information shall be incorporated as a material term of the contract. 10 (e) To determine the incentive amount for each eligible vehicle, the 11 authority shall score the contractor's and the contractor's suppliers' 12 New York jobs plan commitments from zero to one hundred, according to a 13 formula which includes comparative assessments of: 14 (i) Economic benefits: fifty percent. Economic benefits shall be 15 calculated as the product of full-time equivalent positions created or 16 retained at each classification and the square of each classification's 17 total compensation, wages, and monetary fringe benefits. 18 (ii) Workforce development: ten percent. Workforce development shall 19 be calculated as the total amount of investment in worker training for 20 employees of the original equipment manufacturer over the twelve-month 21 period prior to final delivery of the vehicle. Workforce development 22 shall account for ten percent of the comparative assessment. 23 (iii) Inclusion: fifteen percent. Inclusion shall be calculated as a 24 qualitative evaluation of the original equipment manufacturer's recruit- 25 ing and training programs targeted specifically towards individuals 26 facing barriers to employment and displaced workers. 27 (iv) Environmental sustainability: twenty-five percent. Environmental 28 sustainability shall be calculated as an integrated evaluation of 29 sustainable manufacturing practices, including the following factors: 30 (1) Lifecycle emissions analysis: twenty-five percent; 31 (2) Commitments for percent of total value of recycled content in the 32 chassis, body, battery, and motor: twenty-five percent; 33 (3) Qualitative evaluation of the plan to maximize reuse and recycling 34 of the traction battery: twenty-five percent; and 35 (4) Qualitative evaluation of the plan for responsible sourcing of 36 motor and battery minerals and/or reducing mineral use in the vehicle: 37 twenty-five percent. 38 (v) New York's regional employment benefits: up to ten bonus points. 39 (f) Contractors shall be required to provide quarterly reports to the 40 authority for the first year after a contract is awarded and then annu- 41 ally thereafter. Such reports shall detail progress and compliance with 42 the contractor's New York jobs plan commitments and the commitments of 43 their suppliers on forms provided by the authority. If any such report 44 indicates a failure to comply with the contractor's New York jobs plan 45 commitments, the authority shall notify such contractor of their noncom- 46 pliance and the time frame within which compliance must be met. Failure 47 to comply with their New York jobs plan commitments within the given 48 time frame shall result in forfeiture of the entire value of the vouch- 49 er. 50 (g) The authority shall publish New York jobs plan commitments and 51 reports to the authority's website within two weeks of vehicle certif- 52 ication and shall publish quarterly reports within two weeks of receipt 53 by the authority. 54 § 1760. Bonds and notes. 1. The authority shall have the power and is 55 hereby authorized to issue at one time or in series from time to time 56 its negotiable bonds and notes in conformity with applicable provisions 
 A. 6635 15 1 of the uniform commercial code in such principal amounts as, in the 2 opinion of the authority, shall be necessary to provide sufficient 3 moneys for achieving the authority's corporate purposes, including the 4 establishment of reserves to secure the bonds and notes and the payment 5 of interest on bonds and notes. 6 2. The authority shall have power from time to time to renew bonds or 7 notes or to issue renewal bonds or notes for such purpose, to issue 8 bonds or notes to pay bonds or notes, and, whenever it deems refunding 9 expedient, to refund any bond or note by the issuance of new bonds or 10 notes, whether the bonds or notes to be refunded have or have not 11 matured, and may issue bonds or notes partly to refund bonds or notes 12 then outstanding and partly for any other corporate purpose of the 13 authority. Bonds or notes issued for refunding purposes shall be sold 14 and the proceeds applied to the purchase, redemption or payment of the 15 bonds or notes to be refunded. 16 3. Except as may otherwise be expressly provided by the authority, 17 every issue of bonds or notes shall be general obligations payable out 18 of any moneys or revenues of the authority, subject only to any agree- 19 ments with the holders of bonds or notes pledging any receipts or reven- 20 ues. 21 4. The bonds and notes shall be authorized by resolution of the 22 authority, shall bear such date or dates and mature at such time or 23 times as such resolution shall provide, except that notes and any 24 renewals thereof shall mature within five years from their respective 25 dates of issuance or renewal, as the case may be, and bonds shall mature 26 within forty years from their respective dates of issuance or renewal, 27 as the case may be. The bonds and notes shall bear interest at such rate 28 or rates, be in such denomination, be in such form, either coupon or 29 registered, carry such registration privileges, be executed in such 30 manner, be payable in such medium of payment at such place or places, 31 and be subject to such terms of redemption as such resolution or resol- 32 utions may provide. 33 5. Bonds and notes shall be sold by the authority, at public or 34 private sale, at such price or prices as the authority may determine. 35 Bonds and notes of the authority shall not be sold by the authority at 36 private sale unless such sale and the terms thereof have been approved 37 in writing by the comptroller, where such sale is not to the comp- 38 troller, or by the director of the budget, where such sale is to the 39 comptroller. 40 6. In the discretion of the authority any bonds or issue of bonds or 41 notes or issue of notes may be secured by such resolution or by a trust 42 indenture by and between the authority and a corporate trustee which may 43 be any trust company or bank having the powers of a trust company in the 44 state or by a secured loan agreement or other instrument. Such resol- 45 ution, trust indenture, loan agreement or other instrument may contain 46 any usual or customary provisions, covenants or limitations for bonds or 47 notes of similar nature which shall be a part of the contract with the 48 holders thereof, including such provisions for protecting and enforcing 49 the rights and remedies of bondholders and noteholders as may be reason- 50 able and proper and not in violation of law. 51 7. Any resolution or resolutions authorizing any notes or bonds or any 52 issue thereof may contain provisions, which shall be a part of the 53 contract with the holders thereof, as to: 54 (a) pledging all or part of the fees, charges, gifts, grants, rents, 55 revenues or other moneys received or to be received and leases or agree- 56 ments to secure the payment of the notes or bonds or of any issue there- 
 A. 6635 16 1 of subject to such agreements with bondholders and noteholders as may 2 then exist; 3 (b) the rates of the fees or charges to be established, and the 4 amounts to be raised in each year thereby and the use and disposition of 5 the fees, charges, gifts, grants, rents, revenues or other moneys 6 received or to be received; 7 (c) the setting aside of reserves or sinking funds, and the regulation 8 and disposition thereof; 9 (d) limitations on the purpose to which the proceeds of sale of any 10 issue of notes or bonds then or thereafter to be issued may be applied 11 and pledging such proceeds to secure the payment of the notes or bonds 12 or of any issue thereof; 13 (e) limitations on the issuance of additional notes or bonds; the 14 terms upon which additional notes or bonds may be issued and secured; 15 the refunding of outstanding or other notes or bonds; 16 (f) the procedure, if any, by which the terms of any contract with 17 bondholders or noteholders may be amended or abrogated, the amount of 18 notes or bonds the holders of which must consent thereto, and the manner 19 in which such consent may be given; and 20 (g) any other matters, of like or different character, which in any 21 way affect the security or protection of the notes or bonds. 22 8. It is the intention hereof that any pledge made by the authority 23 shall be valid and binding from the time when the pledge is made, that 24 the moneys so pledged and thereafter received by the authority shall 25 immediately be subject to the lien of such pledge without any physical 26 delivery thereof or further act, and that the lien of any such pledge 27 shall be valid and binding as against all parties having claims of any 28 kind in tort, contract or otherwise against the authority irrespective 29 of whether such parties have notice thereof. Neither the resolution nor 30 any other instrument by which a pledge is created need be recorded. 31 9. Neither the members of the authority nor any person executing the 32 bonds or notes shall be liable personally on the bonds or notes or be 33 subject to any personal liability or accountability by reason of the 34 issuance thereof. 35 10. Subject to such agreements with bondholders or noteholders as may 36 then exist, the authority shall have power out of any funds available 37 therefor to purchase bonds or notes at a price not exceeding (a) if the 38 notes or bonds are then redeemable, the redemption price then applicable 39 plus accrued interest to the next interest payment date thereon, or (b) 40 if the notes or bonds are not then redeemable, the redemption price 41 applicable on the first date after such purchase upon which the notes or 42 bonds become subject to redemption plus accrued interest to said date. 43 Bonds and notes so purchased shall thereupon be cancelled. 44 11. The state does hereby pledge to and agree with the holders of any 45 bonds or notes that the state will not limit or alter the rights and 46 powers vested in the authority by this title to fulfill the terms of any 47 contract made by the authority with such holders, or in any way impair 48 the rights and remedies of such holders until such bonds and notes, 49 together with the interest thereon, with interest on any unpaid install- 50 ments of interest, and all costs and expenses in connection with any 51 action or proceeding by or on behalf of such holders, are fully met and 52 discharged. The authority is authorized to include this pledge and 53 agreement of the state, insofar as it refers to holders of any bonds or 54 notes, in any contract with such holders. 55 § 1761. Reserve funds and appropriations. 1. The authority may create 56 and establish one or more reserve funds to be known as debt service 
 A. 6635 17 1 reserve funds and may pay into such reserve funds (a) any moneys appro- 2 priated and made available by the state for the purposes of such funds, 3 (b) any proceeds of sale of bonds and notes to the extent provided in 4 the resolution of the authority authorizing the issuance thereof, (c) 5 any moneys directed to be transferred by the authority to such funds, 6 and (d) any other moneys which may be made available to the authority 7 for the purposes of such funds from any other source or sources. The 8 moneys held in or credited to any debt service reserve fund established 9 under this subdivision, except as hereinafter provided, shall be used 10 solely for the payment of the principal of bonds of the authority 11 secured by such reserve fund, as the same mature, required payments to 12 any sinking fund established for the amortization of such bonds (herein- 13 after referred to as "sinking fund payments"), the purchase or redemp- 14 tion of such bonds of the authority, the payment of interest on such 15 bonds of the authority or the payment of any redemption premium required 16 to be paid when such bonds are redeemed prior to maturity; provided, 17 however, that moneys in any such fund shall not be withdrawn therefrom 18 at any time in such amount as would reduce the amount of such fund to 19 less than the maximum amount of principal and interest maturing and 20 becoming due in any succeeding calendar year on the bonds of the author- 21 ity then outstanding and secured by such reserve fund, except for the 22 purpose of paying principal and interest on the bonds of the authority 23 secured by such reserve fund maturing and becoming due and sinking fund 24 payments for the payment of which other moneys of the authority are not 25 available. Any income or interest earned by, or increment to, any such 26 debt service reserve fund due to the investment thereof may be trans- 27 ferred to any other fund or account of the authority to the extent it 28 does not reduce the amount of such debt service reserve fund below the 29 maximum amount of principal and interest maturing and becoming due in 30 any succeeding calendar year on all bonds of the authority then 31 outstanding and secured by such reserve fund. In computing the amount 32 of any debt service reserve fund for the purposes of this section, secu- 33 rities in which all or a portion of such reserve fund are invested shall 34 be valued at par or, if purchased at less than par, at their cost to the 35 authority. 36 2. The authority shall not issue bonds at any time if the maximum 37 amount of principal and interest maturing and becoming due in a succeed- 38 ing calendar year on the bonds outstanding and then to be issued and 39 secured by a debt service reserve fund will exceed the amount of such 40 reserve fund at the time of issuance, unless the authority, at the time 41 of issuance of such bonds, shall deposit in such reserve fund from the 42 proceeds of the bonds so to be issued, or otherwise, an amount which 43 together with the amount then in such reserve fund, will be not less 44 than the maximum amount of principal and interest maturing and becoming 45 due in any succeeding calendar year on the bonds then to be issued and 46 on all other bonds of the authority then outstanding and secured by such 47 reserve fund. 48 3. To assure the continued operation and solvency of the authority for 49 the carrying out of the public purposes of this title provision is made 50 in subdivision one of this section for the accumulation in each debt 51 service reserve fund of an amount equal to the maximum amount of princi- 52 pal and interest maturing and becoming due in any succeeding calendar 53 year on all bonds of the authority then outstanding and secured by such 54 reserve fund. In order further to assure the maintenance of such debt 55 service reserve funds, there shall be annually apportioned and paid to 56 the authority for deposit in each debt service reserve fund such sum, if 
 A. 6635 18 1 any, as shall be certified by the chair of the authority to the governor 2 and state director of the budget as necessary to restore such reserve 3 fund to an amount equal to the maximum amount of principal and interest 4 maturing and becoming due in any succeeding calendar year on the bonds 5 of the authority then outstanding and secured by such reserve fund. The 6 chair of the authority shall annually, on or before December first, make 7 and deliver to the governor and state director of the budget a certif- 8 icate stating the sum, if any, required to restore each such debt 9 service reserve fund to the amount aforesaid, and the sum or sums so 10 certified, if any, shall be apportioned and paid to the authority during 11 the then current state fiscal year. The principal amount of bonds 12 secured by a debt service reserve fund or funds to which state funds are 13 apportionable pursuant to this subdivision shall be limited to the total 14 amount of bonds and notes outstanding on the effective date of this 15 title, plus the total amount of bonds and notes contracted after the 16 effective date of this title to finance projects in progress on the 17 effective date of this title as determined by the New York state public 18 authorities control board created pursuant to section fifty of this 19 chapter whose affirmative determination shall be conclusive as to all 20 matters of law and fact solely for the purposes of the limitations 21 contained in this subdivision, but in no event shall the total amount of 22 bonds so secured by such a debt service reserve fund or funds exceed 23 nine million six hundred sixty thousand dollars, excluding bonds issued 24 to refund such outstanding bonds until the date of redemption of such 25 outstanding bonds. As outstanding bonds so secured are paid, the amount 26 so secured shall be reduced accordingly but the redemption of such 27 outstanding bonds from the proceeds of refunding bonds shall not reduce 28 the amount so secured. 29 4. All amounts paid over to the authority by the state pursuant to the 30 provisions of this section shall constitute and be accounted for as 31 advances by the state to the authority and, subject only to the rights 32 of the holders of any bonds or notes of the authority theretofore or 33 thereafter issued, shall be repaid to the state from all available oper- 34 ating revenues of the authority in excess of debt service reserve fund 35 requirements and operating expenses. 36 5. As used in this section, (a) the term "operating expenses" shall 37 mean ordinary expenditures for operation and administration of the 38 authority, including maintenance, repair and replacement of authority 39 property; and (b) the term "available operating revenues" shall mean all 40 amounts received on account of rentals and fees charged by the authori- 41 ty, if any, and income or interest earned or added to funds of the 42 authority due to the investment thereof, and not required under the 43 terms or provisions of any covenant or agreement with holders of any 44 bonds or notes of the authority to be applied to any purposes other than 45 payment of operating expenses of the authority. 46 § 1762. Exemption from taxation of bonds and notes. The state coven- 47 ants with the purchasers and with all subsequent holders and transferees 48 of bonds and notes, in consideration of the acceptance of and payment 49 for the bonds and notes, that the bonds and notes and the income there- 50 from, and all moneys, funds and revenues pledged to pay or secure the 51 payment of such bonds and notes shall at all times be free from taxa- 52 tion, except for estate and gift taxes and taxes on transfers. 53 § 1763. Bonds and notes legal investments for fiduciaries. The bonds 54 and notes are hereby made securities in which all public officers and 55 bodies of the state and all municipalities and municipal subdivisions, 56 all insurance companies and associations and other persons carrying on 
 A. 6635 19 1 an insurance business, all banks, bankers, trust companies, savings 2 banks, savings associations, including savings and loan associations and 3 building and loan associations, investment companies and other persons 4 carrying on a banking business, all administrators, guardians, execu- 5 tors, trustees and other fiduciaries, and all other persons whatsoever 6 who are now or who may hereafter be authorized to invest in bonds or 7 other obligations of the state, may properly and legally invest funds 8 including capital in their control or belonging to them. Notwithstanding 9 any other provisions of law, the bonds and notes of the authority are 10 also hereby made securities which may be deposited with and may be 11 received by all public officers and bodies of this state and all munici- 12 palities and municipal subdivisions for any purpose for which the depos- 13 it of bonds or other obligations of the state is now or may hereafter be 14 authorized. 15 § 1764. Right of state to require redemption of bonds. Notwithstanding 16 and in addition to any provisions for the redemption of bonds which may 17 be contained in any contract with the holders of the bonds, the state 18 may, upon furnishing sufficient funds therefor, require the authority to 19 redeem, prior to maturity, as a whole, any issue of bonds on any inter- 20 est payment date not less than twenty years after the date of the bonds 21 of such issue at one hundred five percent of their face value and 22 accrued interest or at such lesser redemption price as may be provided 23 in the bonds in case of the redemption thereof as a whole on the redemp- 24 tion date. Notice of such redemption shall be published in at least two 25 newspapers published and circulating respectively in the cities of Alba- 26 ny and New York at least twice, the first publication to be at least 27 thirty days before the date of redemption. 28 § 1765. Rights and remedies of bondholders and noteholders. The hold- 29 ers of bonds and notes shall have the following rights and remedies, 30 subject to the terms of the resolution authorizing such bonds and notes 31 or any trust indenture, secured loan agreement or other instrument 32 related thereto: 33 1. In the event that the authority shall default in the payment of 34 principal of or interest on any issue of bonds or notes after the same 35 shall become due, whether at maturity or upon call for redemption, and 36 such default shall continue for a period of thirty days, or in the event 37 that the authority shall fail or refuse to comply with the provisions of 38 this title, or shall default in any contract made with the holders of 39 any issue of bonds or notes, the holders of twenty-five per centum in 40 aggregate principal amount of the bonds or notes of such issue then 41 outstanding, by instrument or instruments filed in the office of the 42 clerk in the county of Albany and approved or acknowledged in the same 43 manner as a deed to be recorded, may appoint a trustee to represent the 44 holders of such bonds or notes for the purposes herein provided. 45 2. Such trustee may, and upon written request of the holders of twen- 46 ty-five per centum in principal amount of such bonds or notes then 47 outstanding shall, in such trustee's or its own name: 48 (a) by suit, action or special proceeding, enforce all rights of the 49 bondholders or noteholders, including the right to require the authority 50 to collect fees, rentals and charges adequate to carry out any agree- 51 ments with the holders of such bonds or notes and to perform its duties 52 under this title; 53 (b) bring suit upon such bonds or notes; 54 (c) by action or suit in equity, require the authority to account as 55 if it were the trustee of an express trust for the holders of such bonds 56 or notes; 
 A. 6635 20 1 (d) by action or suit in equity, enjoin any act or things which may be 2 unlawful or in violation of the rights of the holders of such bonds or 3 notes; and 4 (e) declare all such bonds or notes due and payable, and if all 5 defaults shall be made good then with the consent of the holders of 6 twenty-five per centum of the principal amount of such bonds or notes 7 then outstanding, to annul such declaration and its consequences. 8 3. Such trustee, whether or not the issuance of bonds or notes repres- 9 ented by such trustee had been declared due and payable, shall be enti- 10 tled as of right to the appointment of a receiver of any property of the 11 authority, the fees, rentals, charges or other revenues of which are 12 pledged for the security of the bonds or notes of such issue and such 13 receiver may enter and take possession of such property, or any part or 14 parts thereof and operate and maintain the same and receive all fees, 15 charges, rentals and other revenues thereafter arising therefrom and 16 exercise such other powers of the authority as the court may deem advis- 17 able and perform the public duties and carry out the agreements and 18 obligations of the authority under the direction of the court. In any 19 suit, action or proceeding by the trustee the fees, counsel fees and 20 expenses of the trustee and of the receiver, if any, shall constitute 21 taxable disbursements and all costs and disbursements allowed by the 22 court shall be a first charge on any fees, charges, rentals and other 23 revenues derived from such properties. 24 4. Such trustee shall in addition to the foregoing have and possess 25 all of the powers necessary or appropriate for the exercise of any func- 26 tions specifically set forth herein or incident to the general represen- 27 tation of bondholders or noteholders in the enforcement and protection 28 of their rights. 29 5. The supreme court shall have jurisdiction of any suit, action or 30 proceeding by the trustee on behalf of such bondholders or noteholders. 31 The venue of any such suit, action or proceeding shall be laid in the 32 county of Albany. 33 6. Before declaring the principal of bonds or notes due and payable, 34 the trustee shall first give thirty days' notice in writing to the 35 governor, to the authority, to the comptroller and to the attorney 36 general of the state. 37 § 1766. State not liable on bonds and notes. The bonds and notes shall 38 not be a debt of the state of New York nor shall the state be liable 39 thereon and such bonds and notes shall contain on the face thereof a 40 statement to that effect. 41 § 4. The tax law is amended by adding a new article 29-E to read as 42 follows: 43 ARTICLE 29-E 44 FOR-HIRE VEHICLE IMPROVEMENT SURCHARGE 45 Section 1299-aa. Definitions. 46 1299-bb. Imposition of tax. 47 1299-cc. Liability for surcharge. 48 1299-dd. Returns and payment of surcharge. 49 1299-ee. Records to be kept. 50 1299-ff. Deposit and disposition of revenue. 51 § 1299-aa. Definitions. As used or referred to in this article, unless 52 a different meaning clearly appears from the context: 53 (a) "Person" means an individual, partnership, limited liability 54 company, society, association, joint stock company, corporation, estate, 55 receiver, trustee, assignee, referee or any other person acting in a 56 fiduciary or representative capacity, whether appointed by a court or 
 A. 6635 21 1 otherwise, any combination of individuals and any other form of unincor- 2 porated enterprise owned or conducted by two or more persons. 3 (b) "Authority" means the green accessible transition authority 4 established pursuant to section seventeen hundred fifty-one of the 5 public authorities law. 6 (c) "For-hire vehicle" means any transportation network company vehi- 7 cle (TNC vehicle) as defined in section sixteen hundred ninety-one of 8 the vehicle and traffic law and any for-hire vehicle as defined in 9 section 19-502 of the administrative code of the city of New York. 10 (d) "For-hire transportation trip" means transportation provided in a 11 for-hire vehicle as defined in subdivision (c) of this section, for 12 which a charge is made. 13 (e) "High-volume for-hire service" shall have the same meaning as 14 defined in section 19-502 of the administrative code of the city of New 15 York. 16 § 1299-bb. Imposition of tax. (a) In addition to any other tax or 17 assessment imposed by this chapter or other law, there is hereby imposed 18 a surcharge of one dollar for each for-hire transportation trip 19 conducted in a transportation network company vehicle or by a high-vo- 20 lume for-hire service, other than trips dispatched by a paratransit 21 service. 22 (b) Receipts subject to tax under paragraph ten of subdivision (c) of 23 section eleven hundred five of this chapter shall be deemed to exclude 24 any surcharge imposed by this article. 25 § 1299-cc. Liability for surcharge. (a) Notwithstanding any provision 26 of law to the contrary, any person who dispatches a motor vehicle by any 27 means that provides transportation that is subject to a surcharge 28 imposed by this article shall be liable for the surcharge imposed by 29 this article. 30 (b) Notwithstanding any law to the contrary: (1) The surcharge imposed 31 by this article shall be passed along to passengers and separately stat- 32 ed on any receipt that is provided to such passengers. The passing along 33 of such surcharge shall not be construed by any court or administrative 34 body as the imposition of the surcharge on the person or entity that 35 pays for the for-hire transportation trip. All regulatory agencies shall 36 adjust any fares that are authorized by such agencies to include the 37 surcharge imposed by this article and shall require that any meter or 38 other instrument used in any for-hire vehicle regulated by such agency 39 to calculate fares be adjusted to include the surcharge. 40 (2) Neither the failure of a regulatory agency to adjust fares nor the 41 failure to adjust a meter or other instrument used in a for-hire vehicle 42 to calculate fares shall relieve any person liable for the surcharge 43 imposed by this article from the obligation to pay such surcharge. 44 § 1299-dd. Returns and payment of surcharge. (a) Every person liable 45 for the surcharge imposed by this article shall file a return with the 46 commissioner on a monthly basis. Each return shall show the number of 47 for-hire transportation trips subject to the surcharge imposed by this 48 article in the month for which the return is filed, along with such 49 other information as the commissioner may require. The returns required 50 by this section shall be filed within twenty days after the end of the 51 month covered thereby. If the commissioner deems it necessary to ensure 52 the payment of the surcharge imposed by this article, the commissioner 53 may require returns to be made for shorter periods than prescribed by 54 the provisions of this section, and upon such dates as may be specified. 55 The form of returns shall be prescribed by the commissioner and shall 56 contain such information as the commissioner may deem necessary for the 
 A. 6635 22 1 proper administration of this article. The commissioner may require that 2 returns be filed electronically. 3 (b) Every person liable for the surcharge imposed by this article 4 shall, at the time of filing such return, pay to the commissioner the 5 total amount of all surcharges due under this article. Such amount shall 6 be due and payable on the date specified for the filing of the return 7 for such period, without regard to whether a return is filed, or whether 8 the return that is filed correctly shows the correct number of for-hire 9 trips that are subject to the surcharge, or the correct surcharge amount 10 due thereon. The commissioner may require that the surcharge be paid 11 electronically. 12 (c) In addition to any other penalty or interest provided for under 13 this article or other law, and unless it is shown that such failure is 14 due to reasonable cause and not due to willful neglect, any person 15 liable for the surcharge imposed by this article that fails to pay such 16 surcharge when due shall be liable for a penalty in an amount equal to 17 two hundred percent of the total surcharge amount that is due. 18 § 1299-ee. Records to be kept. Every person liable for the surcharge 19 imposed by this article shall keep, and shall make available for review 20 upon demand by the commissioner: 21 (a) records of every trip provided or arranged by such person, or 22 provided through the use of a for-hire vehicle owned or leased by such 23 person, including all amounts paid, charged, or due thereon, in such 24 form as the commissioner may require; 25 (b) true and complete copies of any records required to be kept by any 26 applicable regulatory department or agency; and 27 (c) such other records and information as the commissioner may require 28 to perform their duties under this article. 29 § 1299-ff. Deposit and disposition of revenue. (a) Any surcharge, 30 interest, and penalties collected or received by the commissioner shall 31 be deposited daily with such responsible banks, banking houses, or trust 32 companies, as may be designated by the comptroller, to the credit of the 33 comptroller in trust for the green accessible transition authority. An 34 account may be established in one or more of such depositories. Such 35 deposits shall be kept separate and apart from all other money in the 36 possession of the comptroller. The comptroller shall require adequate 37 security from all such depositories. Of the total revenue collected or 38 received under this article, the comptroller shall retain such amount as 39 the commissioner may determine to be necessary for refunds under this 40 article. The commissioner is authorized and directed to deduct from the 41 amounts the department receives under this article, before deposit into 42 the trust accounts designated by the comptroller, a reasonable amount 43 necessary to effectuate refunds of appropriations of the department to 44 reimburse the department for the costs incurred to administer, collect 45 and distribute the surcharge, interest, and penalties imposed by this 46 article. 47 (b) On or before the twelfth day of each month, after reserving such 48 amount for such refunds and deducting such amounts for such costs, as 49 provided for in subdivision (a) of this section, the commissioner shall 50 certify to the comptroller the amount of revenues so received during the 51 prior month as a result of the surcharge, interest, and penalties so 52 imposed. Notwithstanding any provision of law to the contrary, after 53 deducting the amounts specified in this subdivision, the remaining funds 54 collected shall be deposited by the comptroller, without appropriation, 55 into the green accessible transition fund established pursuant to 56 section seventeen hundred fifty-five of the public authorities law. 
 A. 6635 23 1 § 5. The sum of ten million dollars ($10,000,000), or so much thereof 2 as may be necessary, is hereby appropriated to the green accessible 3 transition authority from any moneys in the state treasury in the gener- 4 al fund to the credit of the state purposes account not otherwise appro- 5 priated for the purposes of carrying out the provisions of this act. 6 Such sum shall be payable on the audit and warrant of the state comp- 7 troller on vouchers certified or approved by the secretary of state or 8 such secretary's duly designated representative in the manner provided 9 by law. 10 § 6. This act shall take effect immediately.