Reilly, Brabenec, Smith, DeStefano, Pirozzolo, Durso, Brown E, Mikulin, Gandolfo, Tannousis
MLTSPNSR
Rpld Art 44-C, amd 1630, V & T L; rpld 553 sub 9 (s), sub 12-a, 553-j & 553-k, amd 566-a, Pub Auth L; rpld 87
sub 2 (p), Pub Off L; rpld Part ZZZ Subpart A 9 - 11, Chap 59 of 2019; rpld 606 sub (jjj), Tax L
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A4660
SPONSOR: McGowan TITLE OF BILL:
An act to amend the vehicle and traffic law and the public authorities
law, in relation to congestion pricing in New York City, and repealing
certain provisions of the vehicle and traffic law, the public authori-
ties law, the public officers law, the tax law, and subpart A of part
ZZZ of chapter 59 of the laws of 2019, amending the vehicle and traffic
law and the public authorities law relating to establishing a central
business district tolling program in the city of New York and amending
the public officers law relating to confidentiality of certain public
records, relating thereto
PURPOSE OR GENERAL IDEA OF BILL:
Repeals congestion pricing
SUMMARY OF PROVISIONS:
Section I: Article 44-C of the vehicle and traffic law is REPEALED.
Section III: Subdivision 4 of section 1630 of the vehicle and traffic
law, as amended by section 2 of subpart A of part ZZZ of chapter 59 of
the laws of 2019, is amended: Charging of tolls, taxes, fees, licenses
or permits for the use of the highway or any of its parts (or entry into
or remaining within the central business district established by article
forty-four-C of this chapter), where the imposition is authorized by
law.
Section III: Paragraph (s) of subdivision 9 of section 553 of the public
authorities law is REPEALED.
Section IV. Subdivision 12-a of section 553 of the public authorities
law is REPEALED.
Section V: Section 553-j of the public authorities law is REPEALED.
Section VI: Paragraph (p) of subdivision 2 of section 87 of the public .
officers law is REPEALED.
Section VII: Section 553-k of the public authorities law is REPEALED.
Section VIII: Sections 9, 10, and 11 of subpart A of part ZZZ of chapter
59 of the laws of 2019, amending the vehicle and traffic law and the
public authorities law relating to establishing a central business
district tolling program in the city of New York and amending the public
officers law relating to confidentiality of certain public records, are
REPEALED.
Section IX: Section 566-a of the public authorities law, as amended by
section 12 of subpart A of part ZZZ of chapter 59 of the laws of 2019,
is amended to read as follows: § 566-a. Tax contract by the state is in
all respects for the benefit of the people of the state of New York, for
the improvement of their health, welfare and prosperity, and for the
promotion of their traffic, and are public purposes which consist of
vehicular bridges, vehicular tunnels and approaches thereto (and the
central business district toll- ing program), the project is an essen-
tial part of the public highway system and the authority will be
performing an essential governmental function, and the state of New York
covenants with the purchasers and with all subsequent holders and trans-
ferees of bonds issued after Janu- ary first, nineteen hundred thirty-
nine by the authority pursuant to this title, in consideration of the
acceptance of any payment for the bonds that the bonds of the authority
issued after January first, nine- teen hundred thirty-nine pursuant to
this title and the income, all moneys, funds, tolls and other revenues
pledged to pay or secure the payment of such bonds, shall at all times
be free from taxation except for estate taxes and taxes on transfers by
or in contemplation of death. Nothing herein shall be construed to
repeal or supersede any tax exemptions granted by general or other laws.
Section X: Subsection (jjj) of section 606 of the tax law, as added by
section 1 of subpart F of part ZZZ of chapter 59 of the laws of 2019, is
REPEALED.
Section XI: provides effective date
JUSTIFICATION:
Congestion pricing increases the cost to suburban drivers and commuters
from areas outside of New York City and New York, adding additional
costs to the already skyrocketing cost of living in our state. These
fees would be charged to every vehicle, including law enforcement and
emergency personnel, entering the congestion zone regardless of how many
times in one day they enter the zone. This includes whether they are
going home, to work, to a medical appointment, shopping or dining, etc.
The Metropolitan Transportation Authority should not put the burden of
their mismanagement onto the drivers of New York. Furthermore, it is
also unacceptable and improper that the details were delegated to an
unelected commission to decide rather than to those who serve the
public.
In addition, the MTA has provided substandard rail service to the resi-
dents of Rockland County, cutting express train service and threatening
to eliminate rail service altogether, forcing commuters to drive into
New York City, rather than take mass transit. Rockland County residents
are being unfairly penalized by the MTA's failure to provide adequate
rail service. Currently, Rockland County residents pay $50 million more
in revenue to the MTA than services they receive. Its outrageous and
must be remedied.
PRIOR LEGISLATIVE HISTORY:
2021-2022: A.7750/S.8136
2019-2020: A.8072
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
To be determined
EFFECTIVE DATE:
This act shall take effect immediately
STATE OF NEW YORK
________________________________________________________________________
4660
2023-2024 Regular Sessions
IN ASSEMBLY
February 21, 2023
___________
Introduced by M. of A. MCGOWAN -- read once and referred to the Commit-
tee on Transportation
AN ACT to amend the vehicle and traffic law and the public authorities
law, in relation to congestion pricing in New York City, and repealing
certain provisions of the vehicle and traffic law, the public authori-
ties law, the public officers law, the tax law, and subpart A of part
ZZZ of chapter 59 of the laws of 2019, amending the vehicle and traf-
fic law and the public authorities law relating to establishing a
central business district tolling program in the city of New York and
amending the public officers law relating to confidentiality of
certain public records, relating thereto
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Article 44-C of the vehicle and traffic law is REPEALED.
2 § 2. Subdivision 4 of section 1630 of the vehicle and traffic law, as
3 amended by section 2 of subpart A of part ZZZ of chapter 59 of the laws
4 of 2019, is amended to read as follows:
5 4. Charging of tolls, taxes, fees, licenses or permits for the use of
6 the highway or any of its parts [or entry into or remaining within the
7 central business district established by article forty-four-C of this
8 chapter], where the imposition thereof is authorized by law.
9 § 3. Paragraph (s) of subdivision 9 of section 553 of the public
10 authorities law is REPEALED.
11 § 4. Subdivision 12-a of section 553 of the public authorities law is
12 REPEALED.
13 § 5. Section 553-j of the public authorities law is REPEALED.
14 § 6. Paragraph (p) of subdivision 2 of section 87 of the public offi-
15 cers law, as added by section 7 of subpart A of part ZZZ of chapter 59
16 of the laws of 2019, is REPEALED.
17 § 7. Section 553-k of the public authorities law is REPEALED.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD09121-01-3
A. 4660 2
1 § 8. Sections 9, 10, and 11 of subpart A of part ZZZ of chapter 59 of
2 the laws of 2019, amending the vehicle and traffic law and the public
3 authorities law relating to establishing a central business district
4 tolling program in the city of New York and amending the public officers
5 law relating to confidentiality of certain public records, are REPEALED.
6 § 9. Section 566-a of the public authorities law, as amended by
7 section 12 of subpart A of part ZZZ of chapter 59 of the laws of 2019,
8 is amended to read as follows:
9 § 566-a. Tax contract by the state. 1. It is hereby found, determined
10 and declared that the authority and the carrying out of its corporate
11 purposes is in all respects for the benefit of the people of the state
12 of New York, for the improvement of their health, welfare and prosper-
13 ity, and, in the case of some of the said purposes, for the promotion of
14 their traffic, and that said purposes are public purposes and, in the
15 case of those purposes which consist of vehicular bridges, vehicular
16 tunnels and approaches thereto [and the central business district toll-
17 ing program], the project is an essential part of the public highway
18 system and the authority will be performing an essential governmental
19 function in the exercise of the powers conferred by this title, and the
20 state of New York covenants with the purchasers and with all subsequent
21 holders and transferees of bonds issued after January first, nineteen
22 hundred thirty-nine by the authority pursuant to this title, in consid-
23 eration of the acceptance of any payment for the bonds that the bonds of
24 the authority issued after January first, nineteen hundred thirty-nine
25 pursuant to this title and the income therefrom, and all moneys, funds,
26 tolls and other revenues pledged to pay or secure the payment of such
27 bonds, shall at all times be free from taxation except for estate taxes
28 and taxes on transfers by or in contemplation of death.
29 2. Nothing herein shall be construed to repeal or supersede any tax
30 exemptions heretofore or hereafter granted by general or other laws.
31 § 10. Subsection (jjj) of section 606 of the tax law, as added by
32 section 1 of subpart F of part ZZZ of chapter 59 of the laws of 2019, is
33 REPEALED.
34 § 11. This act shall take effect immediately.
