Bill Text: NY S08052 | 2017-2018 | General Assembly | Amended
Bill Title: Relates to mitigating the closure of the L subway line in the city of New York; directs the MTA in consultation with other relevant entities to develop a plan to mitigate the individual and economic hardships due to the L subway line closure; establishes a temporary high-occupancy vehicle program on the Williamsburg bridge by means of mobile or stationary photo devices.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2018-06-14 - PRINT NUMBER 8052C [S08052 Detail]
Download: New_York-2017-S08052-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 8052--C IN SENATE March 22, 2018 ___________ Introduced by Sens. KAVANAGH, DILAN -- read twice and ordered printed, and when printed to be committed to the Committee on Transportation -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the public authorities law and the vehicle and traffic law, in relation to mitigating the closure of the L subway line in the city of New York; and to amend the public authorities law, the vehicle and traffic law and the public officers law, in relation to establish- ing a temporary high-occupancy vehicle program on the Williamsburg bridge by means of mobile or stationary photo devices; and providing for the repeal of such provisions upon expiration thereof The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Legislative intent. The L subway line is of vital impor- 2 tance to commuters, the local community, and businesses within the 3 service area of the line. Hundreds of thousands of New Yorkers ride the 4 line on a daily basis, and such ridership volume is essential to the 5 economic vitality of nearby businesses. Officials from the metropolitan 6 transportation authority (MTA) have indicated that portions of the L 7 subway line will be temporarily closed for repair work beginning in 8 April of 2019. The closure is anticipated to last fifteen months and 9 affect all L subway line stations west of the Bedford Avenue Station. 10 The temporary closure of the L subway line will cause individual and 11 economic hardships for those who rely on the line for transportation and 12 economic opportunities. Currently, there is no statutory requirement 13 that would mandate the MTA to develop a plan to address the impacts of 14 such a closure, allow for public feedback, and provide the plan to the 15 community. It is the intent of the legislature that there be a legal 16 requirement for the MTA to consider and address all of the impacts of 17 such a significant closure and provide a plan to the public in a timely 18 manner. Such plan shall require the MTA to address timelines involved EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD14751-08-8S. 8052--C 2 1 with the proposed closure, transportation alternatives to accommodate 2 diverted riders, transportation facility improvements and expansion, the 3 authority to utilize bus lane cameras to facilitate alternative forms of 4 transportation, and provide for public input throughout the planning 5 process and the L subway line closure. Public notice and involvement 6 throughout the process is essential so that everyday riders are able to 7 adjust their commuting habits and businesses are able to adapt to such a 8 change as a result of the closure. The legislature hereby finds and 9 declares that the L subway line closure and its impacts are a signif- 10 icant concern. The legislature further finds and declares that the MTA 11 shall be required to have a plan, prior to the L subway line closure, 12 that would mitigate the effects of, and accommodate those affected by, 13 the closure. Finally, the legislature finds and declares that such plan 14 shall provide for public input and be provided to the community. 15 § 2. The public authorities law is amended by adding a new section 16 1279-e to read as follows: 17 § 1279-e. L subway line closure mitigation plan. 1. The authority, in 18 consultation with the New York city department of transportation, the 19 New York city economic development corporation, the permanent citizens 20 advisory committee to the authority and any other entity the authority 21 deems relevant, shall develop a plan to mitigate the individual and 22 economic hardships due to the L subway line closure. Such plan shall 23 include but not be limited to the following: 24 (a) an anticipated timeline for the L subway line closure, including 25 the anticipated start time and date for the closure and the anticipated 26 end time and date for the closure; 27 (b) an analysis of the anticipated increase in ridership on alterna- 28 tive routes, including but not limited to, alternative bus routes, 29 alternative subway routes and all other forms of alternative transporta- 30 tion utilized to accommodate diverted L-riders as a result of the L 31 subway line closure; 32 (c) identification of the specific corridors and related transporta- 33 tion modes that will be impacted and disrupted by the L subway line 34 closure; 35 (d) identification of the specific impacts and disruptions caused by 36 the L subway line closure at alternative routes, corridors and related 37 transportation modes to accommodate diverted L-riders; 38 (e) identification of specific mitigation measures to lessen the iden- 39 tified and anticipated impacts and disruptions at alternative routes, 40 corridors and related transportation modes; 41 (f) identification of surface and subway transportation improvements 42 and restrictions to prepare for the disruption and impacts of the L 43 subway line closure; 44 (g) a determination of the timing and scope of each individual 45 improvement and restriction to surface and subway transportation; 46 (h) commencement, advertisement and publication of public hearings 47 before, during and after the closure of the L subway line; 48 (i) an extensive community outreach process before, during and after 49 the L subway line closure; 50 (j) additional station turnstile, stair and control area capacity and 51 service at the numerous stations on the alternative subway lines to 52 accommodate diverted L-riders as a result of the L subway line closure; 53 (k) additional L-alternative subway line service and capacity on week- 54 ends and overnights; 55 (l) shuttle bus service to accommodate diverted L-riders as a result 56 of the L subway line closure in the L subway line closure area;S. 8052--C 3 1 (m) free transfers for ferry, bus and subway lines to accommodate 2 diverted passengers as a result of the L subway line closure; 3 (n) increased ferry capacity and service connecting Brooklyn and 4 Manhattan to accommodate diverted L-riders as a result of the L subway 5 line closure; 6 (o) increased bus service and capacity to accommodate diverted L-rid- 7 ers as a result of the L subway line closure within the L subway line 8 closure area; 9 (p) increased subway service and capacity on L alternative route 10 subway lines to accommodate diverted L-riders as a result of the L 11 subway line closure; 12 (q) identification of subway station improvements at L-alternative 13 route subway lines to accommodate diverted L-riders as a result of the L 14 subway line closure; 15 (r) fare parity between ferry, bus and subway lines for diverted 16 L-riders as a result of the L subway line closure; 17 (s) contract incentives and penalties for the contractors to encourage 18 the completion of the L subway line closure project within fifteen 19 months; 20 (t) the implementation of bus lanes in order to move buses quickly and 21 not add to congestion and to accommodate diverted L-riders as a result 22 of the L subway line closure; 23 (u) the implementation of high occupancy vehicle(HOV) lane 24 restrictions in order to move high occupancy vehicles quickly and not 25 add to congestion and to accommodate diverted L-riders as a result of 26 the L subway line closure; 27 (v) the identification of appropriate placement of HOV lanes through- 28 out the impacted area to accommodate diverted L-riders as a result of 29 the L subway line closure; 30 (w) determination and evaluation enforcement measures of HOV lanes; 31 (x) the periodic review of the effectiveness of HOV lanes; 32 (y) analysis of the impact of the Williamsburg Bridge restrictions on 33 the other East River crossings; 34 (z) mitigation of an outsized shift of diverted L-riders to for-hire 35 vehicles that could lead to massive congestion at East River crossings; 36 (aa) development of robust plans for bicycle use to accommodate 37 diverted L-riders as a result of the L subway line closure; 38 (bb) expanded access to pedestrians, bus riders and cyclists along 39 L-alternative route transportation corridors to ensure quick and effi- 40 cient movement for diverted L-riders as a result of the L subway line 41 closure; 42 (cc) peak hour restrictions to assist buses in traveling along L-al- 43 ternative transportation routes to accommodate diverted L-riders as a 44 result of the L subway line closure; 45 (dd) bus lanes to assist buses in traveling along L-alternative trans- 46 portation routes to accommodate diverted L-riders as a result of the L 47 subway line closure; 48 (ee) select bus service to assist buses in traveling along L-alterna- 49 tive transportation routes to accommodate diverted L-riders as a result 50 of the L subway line closure; 51 (ff) upgrading of select bus service to assist buses traveling along 52 L-alternative transportation routes to accommodate diverted L-riders as 53 a result of the L subway line closure; 54 (gg) temporary bus bulbs to assist buses traveling along L-alternative 55 transportation routes to accommodate diverted L-riders as a result of 56 the L subway line closure;S. 8052--C 4 1 (hh) offset bus lines to assist buses traveling along L-alternative 2 transportation routes to accommodate diverted L-riders as a result of 3 the L subway line closure; 4 (ii) sidewalk expansion along the L-alternative transportation routes 5 to accommodate diverted L-riders as a result of the L subway line 6 closure; 7 (jj) new pedestrian space along the L-alternative transportation 8 routes to accommodate diverted L-riders as a result of the L subway line 9 closure; 10 (kk) an analysis and determination of the impact on daily cycling 11 volume along the L-alternative transportation routes to accommodate 12 diverted L-riders as a result of the L subway line closure; 13 (ll) two-way protected crosstown bike lane to accommodate diverted 14 L-riders as a result of the L subway line closure; 15 (mm) pedestrianized street features along the L-alternative transpor- 16 tation routes to accommodate diverted L-riders as a result of the L 17 subway line closure; 18 (nn) new bike parking hubs along the L-alternative transportation 19 routes to accommodate diverted L-riders as a result of the L subway line 20 closure; 21 (oo) new ferry routes along the L-alternative transportation routes to 22 accommodate diverted L-riders as a result of the L subway line closure; 23 (pp) increased services and capacity for community bicycle-sharing 24 programs to accommodate diverted L-riders as a result of the L subway 25 line closure; 26 (qq) identification and implementation of the placement of additional 27 crosswalks along the L-alternative transportation routes to accommodate 28 diverted L-riders as a result of the L subway line closure; 29 (rr) additional bicycle parking along the L-alternative transportation 30 routes to accommodate diverted L-riders as a result of the L subway line 31 closure; and 32 (ss) the periodic briefing of elected officials on the status of the 33 subway line closure before, during and after the closure. 34 2. In developing the plan referenced in subdivision one of this 35 section, the authority shall consider but not be limited to the follow- 36 ing actions and measures for inclusion in said plan: 37 (a) discounted advertising on all authority advertising mediums within 38 the L subway line closure area; 39 (b) signage within the L subway line closure area in the vicinity of 40 above-ground work sites which state that nearby businesses are open; 41 (c) the commissioning of public art to be installed within the L 42 subway line closure area for the purpose of drawing visitors to neigh- 43 borhoods in the L subway line closure area; 44 (d) methods to encourage the patronage of businesses within the L 45 subway line closure area; 46 (e) in consultation with the urban development corporation, providing 47 financial assistance to businesses within the L subway line closure 48 area, including grants and rental and utility assistance; and 49 (f) in consultation with the New York city economic development corpo- 50 ration, identifying state owned property in Manhattan which may be used 51 as temporary showrooms for businesses within the L subway line project 52 area. 53 3. For purposes of this section "L subway line closure area" shall 54 mean an area approved by the board of the authority that is adjacent to 55 or affected by the temporary closure of portions of the L subway line 56 for repairs.S. 8052--C 5 1 4. The L subway line closure mitigation plan required pursuant to this 2 section shall, no later than sixty days before the commencement of the L 3 subway line closure, be submitted to the governor, the temporary presi- 4 dent of the senate and the speaker of the assembly, be posted on the 5 authority's website and also be made readily available to the public. 6 5. The authority shall not charge an additional or extra fare or fee 7 for any shuttle bus service to accommodate diverted L-riders as a result 8 of the L subway line closure in the L subway line closure area. 9 § 3. Paragraph 5 of subdivision (c) of section 1111-c of the vehicle 10 and traffic law, as amended by section 6 of part NNN of chapter 59 of 11 the laws of 2018, is amended to read as follows: 12 5. "bus rapid transit program" shall mean up to ten routes designated 13 by the New York city department of transportation in consultation with 14 the applicable mass transit agency, a route designated by the New York 15 city department of transportation on Grand Street, Delancey Street and 16 the Williamsburg Bridge from the Grand Street station to the Delancey 17 Street station, and a route designated by the New York city department 18 of transportation on Fourteenth Street between Third and Ninth Avenues 19 eastbound and Third and Eighth Avenues westbound, in addition to the Bus 20 Rapid Transit Phase I plan routes, that operate on designated bus lanes 21 and that may include upgraded signage, enhanced road markings, minimum 22 bus stop spacing, off-board fare payment, traffic signal priority for 23 buses, and any other enhancement that increases bus speed or reliabil- 24 ity. 25 § 4. Section 1268 of the public authorities law is amended by adding a 26 new subdivision 4 to read as follows: 27 4. The authority and the New York city transit authority or any of its 28 subsidiary corporations shall consult with and assist the city of New 29 York in implementing a temporary high-occupancy vehicle (HOV) program on 30 the Williamsburg bridge pursuant to section eleven hundred ten-a of the 31 vehicle and traffic law. 32 § 5. The vehicle and traffic law is amended by adding a new section 33 235-a to read as follows: 34 § 235-a. Jurisdiction; Williamsburg bridge temporary high-occupancy 35 vehicle program. Notwithstanding any inconsistent provisions of any 36 general, special or local law or administrative code to the contrary, in 37 any city which heretofore or hereafter is authorized to establish an 38 administrative tribunal having jurisdiction to hear and determine 39 complaints of traffic infractions constituting parking, standing or 40 stopping violations in accordance with this article, such tribunal shall 41 be authorized to adjudicate the liability of owners for violations of 42 subdivision (f) of section eleven hundred ten in accordance with section 43 eleven hundred ten-a of this chapter and such tribunal and the rules and 44 regulations pertaining thereto shall be constituted in substantial 45 conformance with the following sections. 46 § 6. Section 236 of the vehicle and traffic law is amended by adding a 47 new subdivision 1-a to read as follows: 48 1-a. A parking violations bureau created pursuant to subdivision one 49 of this section shall have jurisdiction as provided in this section and 50 shall adjudicate liability of owners for violations of subdivision (f) 51 of section eleven hundred ten in accordance with section eleven hundred 52 ten-a of this chapter. 53 § 7. Section 237 of the vehicle and traffic law is amended by adding a 54 new subdivision 16 to read as follows:S. 8052--C 6 1 16. To adjudicate the liability of owners for violations of subdivi- 2 sion (f) of section eleven hundred ten in accordance with section eleven 3 hundred ten-a of this chapter. 4 § 8. Subdivision 1 of section 239 of the vehicle and traffic law is 5 amended by adding a new paragraph f-1 to read as follows: 6 f-1. "Notice of violation" means a notice of violation as defined in 7 subdivision nine of section two hundred thirty-seven of this article, 8 but shall not be deemed to include a notice of liability issued pursuant 9 to authorization set forth in section eleven hundred ten-a of this chap- 10 ter. 11 § 9. Section 239 of the vehicle and traffic law is amended by adding a 12 new subdivision 5 to read as follows: 13 5. Applicability. The provisions of paragraph b of subdivision two and 14 subdivision three of this section shall not be applicable to determi- 15 nations of owner liability for the failure of an operator to comply with 16 subdivision (f) of section eleven hundred ten of this chapter. 17 § 10. Section 240 of the vehicle and traffic law is amended by adding 18 three new subdivisions 1-b, 1-c and 2-a to read as follows: 19 1-b. Notice of hearing. Whenever a person alleged to be liable in 20 accordance with section eleven hundred ten-a of this chapter contests 21 such allegation, the bureau shall advise such person personally by such 22 form of first class mail as the director may direct of the date on which 23 he or she must appear to answer the charge at a hearing. The form and 24 content of such notice of hearing shall be prescribed by the director, 25 and shall contain a warning to advise the person so pleading or contest- 26 ing that failure to appear on the date designated, or on any subsequent 27 adjourned date, shall be deemed an admission of liability, and that a 28 default judgment may be entered thereon. 29 1-c. Fines and penalties. Whenever a plea of not guilty has been 30 entered, or the bureau has been notified that an allegation of liability 31 in accordance with section eleven hundred ten-a of this chapter is being 32 contested, by a person in a timely fashion and a hearing on the merits 33 has been demanded, but has not yet been held, the bureau shall not issue 34 any notice of fine or penalty to that person prior to the date of the 35 hearing. 36 2-a. Conduct of hearings. a. Every hearing for an adjudication of an 37 allegation of liability in accordance with section eleven hundred ten-a 38 of this chapter shall be held before a hearing examiner in accordance 39 with rules and regulations promulgated by the bureau. 40 b. No charge may be established except upon proof by substantial 41 evidence. 42 c. The hearing examiner shall not be bound by the rules of evidence in 43 the conduct of the hearing, except rules relating to privileged communi- 44 cations. 45 d. The hearing examiner shall at the request of the person charged on 46 a showing of good cause and need therefor, or in his or her own 47 discretion, issue a subpoena to compel the appearance at a hearing of 48 the officer who served the notice of violation or of other persons to 49 give testimony, and may issue a subpoena duces tecum to compel the 50 production for examination or introduction into evidence, of any book, 51 paper or other thing relevant to the charges. 52 e. In the case of a refusal to obey a subpoena, the bureau may make 53 application to the Supreme Court pursuant to section twenty-three 54 hundred eight of the civil practice law and rules, for an order requir- 55 ing such appearance, testimony or production of evidence.S. 8052--C 7 1 f. The hearing examiner shall not examine the prior violation record 2 of a person charged before making a determination. 3 g. A record shall be made of a hearing on a plea of not guilty or of a 4 hearing at which liability in accordance with section eleven hundred 5 ten-a of this chapter is contested. Recording devices may be used for 6 the making of the record. 7 § 11. Section 241 of the vehicle and traffic law is amended by adding 8 two new subdivisions 1-a and 2-a to read as follows: 9 1-a. The hearing examiner shall make a determination on the charges, 10 either sustaining or dismissing them. Where the hearing examiner deter- 11 mines that the charges have been sustained he or she may examine the 12 record of liabilities incurred in accordance with section eleven hundred 13 ten-a of this chapter of the person charged prior to rendering a final 14 determination. Final determinations sustaining or dismissing charges 15 shall be entered on a final determination roll maintained by the bureau 16 together with records showing payment and nonpayment of penalties. 17 2-a. Where an operator or owner fails to contest an allegation of 18 liability in accordance with section eleven hundred ten-a of this chap- 19 ter or fails to appear on a designated hearing date or subsequent 20 adjourned date or fails after a hearing to comply with the determination 21 of a hearing examiner, as prescribed by this article or by rule or regu- 22 lation of the bureau, such failure to contest, appear or comply shall be 23 deemed, for all purposes, an admission of liability and shall be grounds 24 for rendering and entering a default judgment in an amount provided by 25 the rules and regulations of the bureau. However, after the expiration 26 of the original date prescribed for contesting an allegation of liabil- 27 ity and before a default judgment may be rendered, in such case the 28 bureau shall pursuant to the applicable provisions of law notify such 29 operator or owner, by such form of first class mail as the commission 30 may direct: (1) of the liability in accordance with section eleven 31 hundred ten-a of this chapter alleged, (2) of the impending default 32 judgment, (3) that such judgment will be entered in the Civil Court of 33 the city in which the bureau has been established, or other court of 34 civil jurisdiction or any other place provided for the entry of civil 35 judgments within the state of New York, and (4) that a default may be 36 avoided by contesting an allegation of liability in accordance with 37 section eleven hundred ten-a of this chapter or making an appearance 38 within thirty days of the sending of such notice. Allegations of liabil- 39 ity contested within that period shall be in the manner prescribed in 40 the notice and not subject to additional penalty or fee. Such notice of 41 impending default judgment shall not be required prior to the rendering 42 and entry thereof in the case of operators or owners who are non-resi- 43 dents of the state of New York. In no case shall a default judgment be 44 rendered or, where required, a notice of impending default judgment be 45 sent, more than two years after the expiration of the time prescribed 46 for contesting an allegation of liability. When a person has demanded a 47 hearing, no fine or penalty shall be imposed for any reason prior to the 48 holding of the hearing. If the hearing examiner shall make a determi- 49 nation on the charges, sustaining them, he or she shall impose no great- 50 er penalty or fine than those upon which the person was originally 51 charged. 52 § 12. Subdivision 5-a of section 401 of the vehicle and traffic law is 53 amended by adding a new paragraph a-1 to read as follows: 54 a-1. If at the time of application for a registration or renewal ther- 55 eof there is a certification from a court or administrative tribunal of 56 appropriate jurisdiction that the registrant or his or her represen-S. 8052--C 8 1 tative failed to appear on the return date or any subsequent adjourned 2 date or failed to comply with the rules and regulations of an adminis- 3 trative tribunal following entry of a final decision in response to a 4 total of three or more summonses or other process in the aggregate, 5 issued within an eighteen-month period, charging that the registrant was 6 liable in accordance with section eleven hundred ten-a of this chapter 7 for a violation of subdivision (f) of section eleven hundred ten of this 8 chapter, the commissioner or his or her agent shall deny the registra- 9 tion or renewal application until the applicant provides proof from the 10 court or administrative tribunal wherein the charges are pending that an 11 appearance or answer has been made or in the case of an administrative 12 tribunal that he or she has complied with the rules and regulations of 13 said tribunal following entry of a final decision. Where an application 14 is denied pursuant to this section, the commissioner may, in his or her 15 discretion, deny a registration or renewal application to any other 16 person for the same vehicle and may deny a registration or renewal 17 application for any other motor vehicle registered in the name of the 18 applicant where the commissioner has determined that such registrant's 19 intent has been to evade the purposes of this subdivision and where the 20 commissioner has reasonable grounds to believe that such registration or 21 renewal will have the effect of defeating the purposes of this subdivi- 22 sion. Such denial shall only remain in effect as long as the summonses 23 remain unanswered, or in the case of an administrative tribunal, the 24 registrant fails to comply with the rules and regulations following 25 entry of a final decision. 26 § 13. Section 1110 of the vehicle and traffic law is amended by adding 27 a new subdivision (f) to read as follows: 28 (f) Every person shall obey the instructions of any official traffic- 29 control device placed to delineate high-occupancy vehicle lane 30 restrictions under the temporary HOV program established pursuant to 31 section eleven hundred ten-a of this chapter, unless otherwise directed 32 by a traffic or police officer, subject to the exceptions granted the 33 driver of an authorized emergency vehicle in this title. 34 § 14. The vehicle and traffic law is amended by adding a new section 35 1110-a to read as follows: 36 § 1110-a. Owner liability for failure of operator to comply with 37 temporary high-occupancy vehicle program restrictions. (a) 1. Notwith- 38 standing any other provision of law, the city of New York in consulta- 39 tion with the metropolitan transportation authority is hereby authorized 40 and empowered to establish a temporary high-occupancy vehicle (HOV) 41 program on the Williamsburg bridge imposing monetary liability on the 42 owner of a vehicle for failure of an operator thereof to comply with HOV 43 restrictions on such bridge in such city in accordance with the 44 provisions of this section. The New York city department of transporta- 45 tion, for purposes of the implementation of such program, shall operate 46 HOV photo devices only within designated HOV areas on the Williamsburg 47 bridge in such city. Such HOV photo devices may be stationary or mobile 48 and shall be activated at locations determined by such department of 49 transportation. 50 2. Any image or images captured or produced by an HOV photo device 51 shall not be used for any purpose other than as specified in this 52 section in the absence of a court order requiring such image to be 53 produced. 54 3. The city of New York shall adopt and enforce measures to protect 55 the privacy of drivers, passengers, pedestrians and cyclists whose iden- 56 tity and identifying information may be captured by an HOV photo device,S. 8052--C 9 1 provided, however, that no notice of liability issued pursuant to this 2 section shall be dismissed solely because an image produced by an HOV 3 photo device allows for the identification of the driver, the passen- 4 gers, or the contents of a vehicle, provided that the city has made a 5 reasonable effort to comply with the provisions of this paragraph. Such 6 protective measures shall include: 7 (i) the utilization of necessary technologies to ensure that images 8 produced by such HOV photo devices shall not include images that identi- 9 fy the driver, the passengers, or the contents of the vehicle; 10 (ii) a prohibition on the use or dissemination of vehicles' license 11 plate information and other information and images captured by HOV photo 12 devices except: (A) as required to establish liability under this 13 section or collect payment of penalties; (B) as required by court order; 14 (C) as required pursuant to a search warrant issued in accordance with 15 the criminal procedure law or a subpoena; or (D) as otherwise required 16 by law; 17 (iii) the installation of signage in advance of entry points to desig- 18 nated HOV areas stating that HOV photo devices are used to enforce HOV 19 restrictions; and 20 (iv) oversight procedures to ensure compliance with the aforementioned 21 privacy protection measures. 22 4. Within the city of New York, such HOV photo devices used in accord- 23 ance with the temporary HOV program shall only be operated within desig- 24 nated HOV areas on the Williamsburg bridge during periods to be deter- 25 mined by the New York city department of transportation in consultation 26 with the metropolitan transportation authority in order to facilitate 27 traffic management. Determination of such periods shall be made based on 28 factors that include, but are not limited to, empirical traffic analyses 29 conducted by such department, input from the public, and guidance from 30 appropriate government entities regarding mitigation strategies. 31 (b) If the city of New York has established a temporary HOV program 32 pursuant to subdivision (a) of this section, the owner of a vehicle 33 shall be liable for a penalty imposed pursuant to this section if such 34 vehicle was used or operated with the permission of the owner, express 35 or implied, in violation of any HOV restrictions that apply, and such 36 violation is evidenced by information obtained from an HOV photo device; 37 provided, however that no owner of a vehicle shall be liable for a 38 penalty imposed pursuant to this section where the operator of such 39 vehicle has been convicted of the underlying violation of any HOV 40 restrictions. 41 (c) For purposes of this section, the following terms shall have the 42 following meanings: 43 1. "Owner" shall have the meaning provided in article two-B of this 44 chapter. 45 2. "High-occupancy vehicle" or "HOV" shall mean vehicles with a high 46 number of occupants as determined in rules promulgated by the New York 47 city department of transportation. 48 3. "HOV photo device" shall mean a device that is capable of operating 49 independently of an enforcement officer and produces one or more images 50 of each vehicle at the time it is in violation of HOV restrictions. 51 4. "HOV restrictions" shall mean restrictions, within the temporary 52 HOV program, on the use of designated areas of the Williamsburg bridge, 53 during time periods to be defined by the New York city department of 54 transportation, by a vehicle other than: (i) an HOV; (ii) a vehicle 55 registered as a commercial vehicle pursuant to part one hundred six of 56 title fifteen of the New York codes, rules and regulations; (iii) anS. 8052--C 10 1 authorized emergency vehicle; (iv) an access-a-ride vehicle as defined 2 in chapter five of title thirty-four of the rules of the city of New 3 York; or (v) a bus. 4 5. "Temporary HOV program" shall mean a temporary program that oper- 5 ates exclusively within designated HOV areas on the Williamsburg bridge 6 during periods of high-traffic volume to be determined by the New York 7 city department of transportation. Determination of such periods shall 8 be made based on factors that include, but are not limited to, empirical 9 traffic analyses conducted by such department, input from the public, 10 and guidance from appropriate government entities regarding mitigation 11 strategies. 12 (d) A certificate, sworn to or affirmed by a technician employed by 13 the city of New York, or a facsimile thereof, based upon inspection of 14 photographs, microphotographs, videotape or other recorded images 15 produced by an HOV photo device, shall be prima facie evidence of the 16 facts contained therein. Any photographs, microphotographs, videotape or 17 other recorded images evidencing such a violation shall be available for 18 inspection in any proceeding to adjudicate the liability for such 19 violation pursuant to this section. 20 (e) An owner liable for a violation of subdivision (f) of section 21 eleven hundred ten of this article shall be liable for monetary penal- 22 ties in accordance with a schedule of fines and penalties promulgated by 23 the parking violations bureau of the city of New York. The liability of 24 the owner pursuant to this section shall not exceed thirty-five dollars; 25 provided, further, that an owner shall be liable for an additional 26 penalty not to exceed twenty-five dollars for each violation for the 27 failure to respond to a notice of liability within the prescribed time 28 period. 29 (f) An imposition of liability pursuant to this section shall not be 30 deemed a conviction of an operator and shall not be made part of the 31 operating record of the person upon whom such liability is imposed, nor 32 shall it be used for insurance purposes in the provision of motor vehi- 33 cle insurance coverage. 34 (g) 1. A notice of liability shall be sent by first class mail to each 35 person alleged to be liable as an owner for a violation of subdivision 36 (f) of section eleven hundred ten of this article pursuant to this 37 section. Personal delivery to the owner shall not be required. A manual 38 or automatic record of mailing prepared in the ordinary course of busi- 39 ness shall be prima facie evidence of the facts contained therein. 40 2. A notice of liability shall contain the name and address of the 41 person alleged to be liable as an owner for a violation of subdivision 42 (f) of section eleven hundred ten of this article pursuant to this 43 section, the registration number of the vehicle involved in such 44 violation, the location where such violation took place, one or more 45 images identifying the violation, the date and time of such violation 46 and the identification number of the HOV photo device which recorded the 47 violation or other document locator number. 48 3. The notice of liability shall contain information advising the 49 person charged of the manner and the time in which he or she may contest 50 the liability alleged in the notice. Such notice of liability shall also 51 contain a warning to advise the person charged that failure to contest 52 in the manner and time provided shall be deemed an admission of liabil- 53 ity and that a default judgment may be entered thereon. 54 4. The notice of liability shall be prepared and mailed by the agency 55 or agencies designated by the city of New York, or any other entityS. 8052--C 11 1 authorized by such city to prepare and mail such notification of 2 violation. 3 5. Adjudication of the liability imposed upon owners by this section 4 shall be by the New York city parking violations bureau. 5 (h) If an owner of a vehicle receives a notice of liability pursuant 6 to this section for any time period during which such vehicle was 7 reported to the police department as having been stolen, it shall be a 8 valid defense to an allegation of liability for a violation of subdivi- 9 sion (f) of section eleven hundred ten of this article pursuant to this 10 section that the vehicle had been reported to the police as stolen prior 11 to the time the violation occurred and had not been recovered by such 12 time. For purposes of asserting the defense provided by this subdivision 13 it shall be sufficient that a certified copy of the police report on the 14 stolen vehicle be sent by first class mail to the parking violations 15 bureau of such city. 16 (i) 1. An owner who is a lessor of a vehicle to which a notice of 17 liability was issued pursuant to subdivision (g) of this section shall 18 not be liable for the violation of subdivision (f) of section eleven 19 hundred ten of this article, provided that: 20 (i) prior to the violation, the lessor has filed with such parking 21 violations bureau in accordance with the provisions of section two 22 hundred thirty-nine of this chapter; and 23 (ii) within thirty-seven days after receiving notice from such bureau 24 of the date and time of a liability, together with the other information 25 contained in the original notice of liability, the lessor submits to 26 such bureau the correct name and address of the lessee of the vehicle 27 identified in the notice of liability at the time of such violation, 28 together with such other additional information contained in the rental, 29 lease or other contract document, as may be reasonably required by such 30 bureau pursuant to regulations that may be promulgated for such purpose. 31 2. Failure to comply with subparagraph (ii) of paragraph one of this 32 subdivision shall render the lessor liable for the penalty prescribed in 33 this section. 34 3. Where the lessor complies with the provisions of paragraph one of 35 this subdivision, the lessee of such vehicle on the date of such 36 violation shall be deemed to be the owner of such vehicle for purposes 37 of this section, shall be subject to liability for such violation pursu- 38 ant to this section, and shall be sent a notice of liability pursuant to 39 subdivision (g) of this section. 40 (j) If the owner liable for a violation of subdivision (f) of section 41 eleven hundred ten of this article was not the operator of the vehicle 42 at the time of the violation, the owner may maintain an action for 43 indemnification against the operator. 44 (k) Nothing in this section shall be construed to limit the liability 45 of an operator of a vehicle for any violation of subdivision (f) of 46 section eleven hundred ten of this article. 47 § 15. The opening paragraph and paragraph (c) of subdivision 1 of 48 section 1809 of the vehicle and traffic law, as amended by section 10 of 49 chapter 222 of the laws of 2015, are amended to read as follows: 50 Whenever proceedings in an administrative tribunal or a court of this 51 state result in a conviction for an offense under this chapter or a 52 traffic infraction under this chapter, or a local law, ordinance, rule 53 or regulation adopted pursuant to this chapter, other than a traffic 54 infraction involving standing, stopping, or parking or violations by 55 pedestrians or bicyclists, or other than an adjudication of liability of 56 an owner for a violation of subdivision (d) of section eleven hundredS. 8052--C 12 1 eleven of this chapter in accordance with section eleven hundred 2 eleven-a of this chapter, or other than an adjudication of liability of 3 an owner for a violation of subdivision (d) of section eleven hundred 4 eleven of this chapter in accordance with section eleven hundred 5 eleven-b of this chapter, or other than an adjudication in accordance 6 with section eleven hundred eleven-c of this chapter for a violation of 7 a bus lane restriction as defined in such section, or other than an 8 adjudication of liability of an owner for a violation of subdivision (d) 9 of section eleven hundred eleven of this chapter in accordance with 10 section eleven hundred eleven-d of this chapter, or other than an adju- 11 dication of liability of an owner for a violation of subdivision (b), 12 (c), (d), (f) or (g) of section eleven hundred eighty of this chapter in 13 accordance with section eleven hundred eighty-b of this chapter, or 14 other than an adjudication of liability of an owner for a violation of 15 subdivision (b), (c), (d), (f) or (g) of section eleven hundred eighty 16 of this chapter in accordance with section eleven hundred eighty-c of 17 this chapter, or other than an adjudication of liability of an owner for 18 a violation of subdivision (d) of section eleven hundred eleven of this 19 chapter in accordance with section eleven hundred eleven-e of this chap- 20 ter, or other than an adjudication of liability of an owner for a 21 violation of subdivision (f) of section eleven hundred ten of this chap- 22 ter in accordance with section eleven hundred ten-a of this chapter, 23 there shall be levied a crime victim assistance fee and a mandatory 24 surcharge, in addition to any sentence required or permitted by law, in 25 accordance with the following schedule: 26 (c) Whenever proceedings in an administrative tribunal or a court of 27 this state result in a conviction for an offense under this chapter 28 other than a crime pursuant to section eleven hundred ninety-two of this 29 chapter, or a traffic infraction under this chapter, or a local law, 30 ordinance, rule or regulation adopted pursuant to this chapter, other 31 than a traffic infraction involving standing, stopping, or parking or 32 violations by pedestrians or bicyclists, or other than an adjudication 33 of liability of an owner for a violation of subdivision (d) of section 34 eleven hundred eleven of this chapter in accordance with section eleven 35 hundred eleven-a of this chapter, or other than an adjudication of 36 liability of an owner for a violation of subdivision (d) of section 37 eleven hundred eleven of this chapter in accordance with section eleven 38 hundred eleven-b of this chapter, or other than an adjudication of 39 liability of an owner for a violation of subdivision (d) of section 40 eleven hundred eleven of this chapter in accordance with section eleven 41 hundred eleven-d of this chapter, or other than an infraction pursuant 42 to article nine of this chapter or other than an adjudication of liabil- 43 ity of an owner for a violation of toll collection regulations pursuant 44 to section two thousand nine hundred eighty-five of the public authori- 45 ties law or sections sixteen-a, sixteen-b and sixteen-c of chapter seven 46 hundred seventy-four of the laws of nineteen hundred fifty or other than 47 an adjudication in accordance with section eleven hundred eleven-c of 48 this chapter for a violation of a bus lane restriction as defined in 49 such section, or other than an adjudication of liability of an owner for 50 a violation of subdivision (b), (c), (d), (f) or (g) of section eleven 51 hundred eighty of this chapter in accordance with section eleven hundred 52 eighty-b of this chapter, or other than an adjudication of liability of 53 an owner for a violation of subdivision (b), (c), (d), (f) or (g) of 54 section eleven hundred eighty of this chapter in accordance with section 55 eleven hundred eighty-c of this chapter, or other than an adjudication 56 of liability of an owner for a violation of subdivision (d) of sectionS. 8052--C 13 1 eleven hundred eleven of this chapter in accordance with section eleven 2 hundred eleven-e of this chapter, or other than an adjudication of 3 liability of an owner for a violation of subdivision (f) of section 4 eleven hundred ten of this chapter in accordance with section eleven 5 hundred ten-a of this chapter, there shall be levied a crime victim 6 assistance fee in the amount of five dollars and a mandatory surcharge, 7 in addition to any sentence required or permitted by law, in the amount 8 of fifty-five dollars. 9 § 15-a. Subdivision 1 of section 1809 of the vehicle and traffic law, 10 as amended by section 10-a of chapter 222 of the laws of 2015, is 11 amended to read as follows: 12 1. Whenever proceedings in an administrative tribunal or a court of 13 this state result in a conviction for a crime under this chapter or a 14 traffic infraction under this chapter, or a local law, ordinance, rule 15 or regulation adopted pursuant to this chapter, other than a traffic 16 infraction involving standing, stopping, parking or motor vehicle equip- 17 ment or violations by pedestrians or bicyclists, or other than an adju- 18 dication of liability of an owner for a violation of subdivision (d) of 19 section eleven hundred eleven of this chapter in accordance with section 20 eleven hundred eleven-a of this chapter, or other than an adjudication 21 of liability of an owner for a violation of subdivision (d) of section 22 eleven hundred eleven of this chapter in accordance with section eleven 23 hundred eleven-b of this chapter, or other than an adjudication in 24 accordance with section eleven hundred eleven-c of this chapter for a 25 violation of a bus lane restriction as defined in such section, or other 26 than an adjudication of liability of an owner for a violation of subdi- 27 vision (d) of section eleven hundred eleven of this chapter in accord- 28 ance with section eleven hundred eleven-d of this chapter, or other than 29 an adjudication of liability of an owner for a violation of subdivision 30 (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chap- 31 ter in accordance with section eleven hundred eighty-b of this chapter, 32 or other than an adjudication of liability of an owner for a violation 33 of subdivision (b), (c), (d), (f) or (g) of section eleven hundred 34 eighty of this chapter in accordance with section eleven hundred eight- 35 y-c of this chapter, or other than an adjudication of liability of an 36 owner for a violation of subdivision (d) of section eleven hundred elev- 37 en of this chapter in accordance with section eleven hundred eleven-e of 38 this chapter, or other than an adjudication of liability of an owner for 39 a violation of subdivision (f) of section eleven hundred ten of this 40 chapter in accordance with section eleven hundred ten-a of this chapter, 41 there shall be levied a mandatory surcharge, in addition to any sentence 42 required or permitted by law, in the amount of twenty-five dollars. 43 § 15-b. Subdivision 1 of section 1809 of the vehicle and traffic law, 44 as amended by section 10-b of chapter 222 of the laws of 2015, is 45 amended to read as follows: 46 1. Whenever proceedings in an administrative tribunal or a court of 47 this state result in a conviction for a crime under this chapter or a 48 traffic infraction under this chapter other than a traffic infraction 49 involving standing, stopping, parking or motor vehicle equipment or 50 violations by pedestrians or bicyclists, or other than an adjudication 51 in accordance with section eleven hundred eleven-c of this chapter for a 52 violation of a bus lane restriction as defined in such section, or other 53 than an adjudication of liability of an owner for a violation of subdi- 54 vision (d) of section eleven hundred eleven of this chapter in accord- 55 ance with section eleven hundred eleven-d of this chapter, or other than 56 an adjudication of liability of an owner for a violation of subdivisionS. 8052--C 14 1 (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chap- 2 ter in accordance with section eleven hundred eighty-b of this chapter, 3 or other than an adjudication of liability of an owner for a violation 4 of subdivision (b), (c), (d), (f) or (g) of section eleven hundred 5 eighty of this chapter in accordance with section eleven hundred eight- 6 y-c of this chapter, or other than an adjudication of liability of an 7 owner for a violation of subdivision (d) of section eleven hundred elev- 8 en of this chapter in accordance with section eleven hundred eleven-e of 9 this chapter, or other than an adjudication of liability of an owner for 10 a violation of subdivision (f) of section eleven hundred ten of this 11 chapter in accordance with section eleven hundred ten-a of this chapter, 12 there shall be levied a mandatory surcharge, in addition to any sentence 13 required or permitted by law, in the amount of seventeen dollars. 14 § 15-c. Subdivision 1 of section 1809 of the vehicle and traffic law, 15 as amended by section 10-c of chapter 222 of the laws of 2015, is 16 amended to read as follows: 17 1. Whenever proceedings in an administrative tribunal or a court of 18 this state result in a conviction for a crime under this chapter or a 19 traffic infraction under this chapter other than a traffic infraction 20 involving standing, stopping, parking or motor vehicle equipment or 21 violations by pedestrians or bicyclists, or other than an adjudication 22 of liability of an owner for a violation of subdivision (b), (c), (d), 23 (f) or (g) of section eleven hundred eighty of this chapter in accord- 24 ance with section eleven hundred eighty-b of this chapter, or other than 25 an adjudication of liability of an owner for a violation of subdivision 26 (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chap- 27 ter in accordance with section eleven hundred eighty-c of this chapter, 28 or other than an adjudication of liability of an owner for a violation 29 of subdivision (d) of section eleven hundred eleven of this chapter in 30 accordance with section eleven hundred eleven-d of this chapter, or 31 other than an adjudication of liability of an owner for a violation of 32 subdivision (d) of section eleven hundred eleven of this chapter in 33 accordance with section eleven hundred eleven-e of this chapter, or 34 other than an adjudication of liability of an owner for a violation of 35 subdivision (f) of section eleven hundred ten of this chapter in accord- 36 ance with section eleven hundred ten-a of this chapter, there shall be 37 levied a mandatory surcharge, in addition to any sentence required or 38 permitted by law, in the amount of seventeen dollars. 39 § 15-d. Subdivision 1 of section 1809 of the vehicle and traffic law, 40 as amended by section 10-d of chapter 222 of the laws of 2015, is 41 amended to read as follows: 42 1. Whenever proceedings in an administrative tribunal or a court of 43 this state result in a conviction for a crime under this chapter or a 44 traffic infraction under this chapter other than a traffic infraction 45 involving standing, stopping, parking or motor vehicle equipment or 46 violations by pedestrians or bicyclists, or other than an adjudication 47 of liability of an owner for a violation of subdivision (b), (c), (d), 48 (f) or (g) of section eleven hundred eighty of this chapter in accord- 49 ance with section eleven hundred eighty-c of this chapter, or other than 50 an adjudication of liability of an owner for a violation of subdivision 51 (d) of section eleven hundred eleven of this chapter in accordance with 52 section eleven hundred eleven-d of this chapter, or other than an adju- 53 dication of liability of an owner for a violation of subdivision (d) of 54 section eleven hundred eleven of this chapter in accordance with section 55 eleven hundred eleven-e of this chapter, or other than an adjudication 56 of liability of an owner for a violation of subdivision (f) of sectionS. 8052--C 15 1 eleven hundred ten of this chapter in accordance with section eleven 2 hundred ten-a of this chapter, there shall be levied a mandatory 3 surcharge, in addition to any sentence required or permitted by law, in 4 the amount of seventeen dollars. 5 § 15-e. Subdivision 1 of section 1809 of the vehicle and traffic law, 6 as amended by section 10-e of chapter 222 of the laws of 2015, is 7 amended to read as follows: 8 1. Whenever proceedings in an administrative tribunal or a court of 9 this state result in a conviction for a crime under this chapter or a 10 traffic infraction under this chapter other than a traffic infraction 11 involving standing, stopping, parking or motor vehicle equipment or 12 violations by pedestrians or bicyclists, or other than an adjudication 13 of liability of an owner for a violation of subdivision (d) of section 14 eleven hundred eleven of this chapter in accordance with section eleven 15 hundred eleven-d of this chapter, or other than an adjudication of 16 liability of an owner for a violation of subdivision (d) of section 17 eleven hundred eleven of this chapter in accordance with section eleven 18 hundred eleven-e of this chapter, or other than an adjudication of 19 liability of an owner for a violation of subdivision (f) of section 20 eleven hundred ten of this chapter in accordance with section eleven 21 hundred ten-a of this chapter, there shall be levied a mandatory 22 surcharge, in addition to any sentence required or permitted by law, in 23 the amount of seventeen dollars. 24 § 15-f. Subdivision 1 of section 1809 of the vehicle and traffic law, 25 as amended by section 10-f of chapter 222 of the laws of 2015, is 26 amended to read as follows: 27 1. Whenever proceedings in an administrative tribunal or a court of 28 this state result in a conviction for a crime under this chapter or a 29 traffic infraction under this chapter other than a traffic infraction 30 involving standing, stopping, parking or motor vehicle equipment or 31 violations by pedestrians or bicyclists, or other than an adjudication 32 of liability of an owner for a violation of subdivision (d) of section 33 eleven hundred eleven of this chapter in accordance with section eleven 34 hundred eleven-e of this chapter, or other than an adjudication of 35 liability of an owner for a violation of subdivision (f) of section 36 eleven hundred ten of this chapter in accordance with section eleven 37 hundred ten-a of this chapter, there shall be levied a mandatory 38 surcharge, in addition to any sentence required or permitted by law, in 39 the amount of seventeen dollars. 40 § 15-g. Subdivision 1 of section 1809 of the vehicle and traffic law, 41 as separately amended by chapter 16 of the laws of 1983 and chapter 62 42 of the laws of 1989, is amended to read as follows: 43 1. Whenever proceedings in an administrative tribunal or a court of 44 this state result in a conviction for a crime under this chapter or a 45 traffic infraction under this chapter other than a traffic infraction 46 involving standing, stopping, parking or motor vehicle equipment or 47 violations by pedestrians or bicyclists, or other than an adjudication 48 of liability of an owner for a violation of subdivision (f) of section 49 eleven hundred ten of this chapter in accordance with section eleven 50 hundred ten-a of this chapter, there shall be levied a mandatory 51 surcharge, in addition to any sentence required or permitted by law, in 52 the amount of seventeen dollars. 53 § 16. Paragraph a of subdivision 1 of section 1809-e of the vehicle 54 and traffic law, as amended by section 11 of chapter 222 of the laws of 55 2015, is amended to read as follows:S. 8052--C 16 1 a. Notwithstanding any other provision of law, whenever proceedings in 2 a court or an administrative tribunal of this state result in a 3 conviction for an offense under this chapter, except a conviction pursu- 4 ant to section eleven hundred ninety-two of this chapter, or for a traf- 5 fic infraction under this chapter, or a local law, ordinance, rule or 6 regulation adopted pursuant to this chapter, except a traffic infraction 7 involving standing, stopping, or parking or violations by pedestrians or 8 bicyclists, and except an adjudication of liability of an owner for a 9 violation of subdivision (d) of section eleven hundred eleven of this 10 chapter in accordance with section eleven hundred eleven-a of this chap- 11 ter or in accordance with section eleven hundred eleven-d of this chap- 12 ter, or in accordance with section eleven hundred eleven-e of this chap- 13 ter, and except an adjudication of liability of an owner for a violation 14 of subdivision (d) of section eleven hundred eleven of this chapter in 15 accordance with section eleven hundred eleven-b of this chapter, and 16 except an adjudication in accordance with section eleven hundred 17 eleven-c of this chapter of a violation of a bus lane restriction as 18 defined in such section, and except an adjudication of liability of an 19 owner for a violation of subdivision (b), (c), (d), (f) or (g) of 20 section eleven hundred eighty of this chapter in accordance with section 21 eleven hundred eighty-b of this chapter, and except an adjudication of 22 liability of an owner for a violation of subdivision (b), (c), (d), (f) 23 or (g) of section eleven hundred eighty of this chapter in accordance 24 with section eleven hundred eighty-c of this chapter, and except an 25 adjudication of liability of an owner for a violation of toll collection 26 regulations pursuant to section two thousand nine hundred eighty-five of 27 the public authorities law or sections sixteen-a, sixteen-b and 28 sixteen-c of chapter seven hundred seventy-four of the laws of nineteen 29 hundred fifty, and except an adjudication of liability of an owner for a 30 violation of subdivision (f) of section eleven hundred ten of this chap- 31 ter in accordance with section eleven hundred ten-a of this chapter, 32 there shall be levied in addition to any sentence, penalty or other 33 surcharge required or permitted by law, an additional surcharge of twen- 34 ty-eight dollars. 35 § 16-a. Paragraph a of subdivision 1 of section 1809-e of the vehicle 36 and traffic law, as amended by section 11-a of chapter 222 of the laws 37 of 2015, is amended to read as follows: 38 a. Notwithstanding any other provision of law, whenever proceedings in 39 a court or an administrative tribunal of this state result in a 40 conviction for an offense under this chapter, except a conviction pursu- 41 ant to section eleven hundred ninety-two of this chapter, or for a traf- 42 fic infraction under this chapter, or a local law, ordinance, rule or 43 regulation adopted pursuant to this chapter, except a traffic infraction 44 involving standing, stopping, or parking or violations by pedestrians or 45 bicyclists, and except an adjudication of liability of an owner for a 46 violation of subdivision (d) of section eleven hundred eleven of this 47 chapter in accordance with section eleven hundred eleven-a of this chap- 48 ter or in accordance with section eleven hundred eleven-d of this chap- 49 ter or in accordance with section eleven hundred eleven-e of this chap- 50 ter, and except an adjudication in accordance with section eleven 51 hundred eleven-c of this chapter of a violation of a bus lane 52 restriction as defined in such section, and except an adjudication of 53 liability of an owner for a violation of subdivision (b), (c), (d), (f) 54 or (g) of section eleven hundred eighty of this chapter in accordance 55 with section eleven hundred eighty-b of this chapter, and except an 56 adjudication of liability of an owner for a violation of subdivisionS. 8052--C 17 1 (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chap- 2 ter in accordance with section eleven hundred eighty-c of this chapter, 3 and except an adjudication of liability of an owner for a violation of 4 toll collection regulations pursuant to section two thousand nine 5 hundred eighty-five of the public authorities law or sections sixteen-a, 6 sixteen-b and sixteen-c of chapter seven hundred seventy-four of the 7 laws of nineteen hundred fifty, and except an adjudication of liability 8 of an owner for a violation of subdivision (f) of section eleven hundred 9 ten of this chapter in accordance with section eleven hundred ten-a of 10 this chapter, there shall be levied in addition to any sentence, penalty 11 or other surcharge required or permitted by law, an additional surcharge 12 of twenty-eight dollars. 13 § 16-b. Paragraph a of subdivision 1 of section 1809-e of the vehicle 14 and traffic law, as amended by section 11-b of chapter 222 of the laws 15 of 2015, is amended to read as follows: 16 a. Notwithstanding any other provision of law, whenever proceedings in 17 a court or an administrative tribunal of this state result in a 18 conviction for an offense under this chapter, except a conviction pursu- 19 ant to section eleven hundred ninety-two of this chapter, or for a traf- 20 fic infraction under this chapter, or a local law, ordinance, rule or 21 regulation adopted pursuant to this chapter, except a traffic infraction 22 involving standing, stopping, or parking or violations by pedestrians or 23 bicyclists, and except an adjudication of liability of an owner for a 24 violation of subdivision (d) of section eleven hundred eleven of this 25 chapter in accordance with section eleven hundred eleven-a of this chap- 26 ter or in accordance with section eleven hundred eleven-d of this chap- 27 ter or in accordance with section eleven hundred eleven-e of this chap- 28 ter, and except an adjudication of liability of an owner for a violation 29 of subdivision (b), (c), (d), (f) or (g) of section eleven hundred 30 eighty of this chapter in accordance with section eleven hundred eight- 31 y-b of this chapter, and except an adjudication of liability of an owner 32 for a violation of subdivision (b), (c), (d), (f) or (g) of section 33 eleven hundred eighty of this chapter in accordance with section eleven 34 hundred eighty-c of this chapter, and except an adjudication of liabil- 35 ity of an owner for a violation of toll collection regulations pursuant 36 to section two thousand nine hundred eighty-five of the public authori- 37 ties law or sections sixteen-a, sixteen-b and sixteen-c of chapter seven 38 hundred seventy-four of the laws of nineteen hundred fifty, and except 39 an adjudication of liability of an owner for a violation of subdivision 40 (f) of section eleven hundred ten of this chapter in accordance with 41 section eleven hundred ten-a of this chapter, there shall be levied in 42 addition to any sentence, penalty or other surcharge required or permit- 43 ted by law, an additional surcharge of twenty-eight dollars. 44 § 16-c. Paragraph a of subdivision 1 of section 1809-e of the vehicle 45 and traffic law, as amended by section 11-c of chapter 222 of the laws 46 of 2015, is amended to read as follows: 47 a. Notwithstanding any other provision of law, whenever proceedings in 48 a court or an administrative tribunal of this state result in a 49 conviction for an offense under this chapter, except a conviction pursu- 50 ant to section eleven hundred ninety-two of this chapter, or for a traf- 51 fic infraction under this chapter, or a local law, ordinance, rule or 52 regulation adopted pursuant to this chapter, except a traffic infraction 53 involving standing, stopping, or parking or violations by pedestrians or 54 bicyclists, and except an adjudication of liability of an owner for a 55 violation of subdivision (d) of section eleven hundred eleven of this 56 chapter in accordance with section eleven hundred eleven-a of this chap-S. 8052--C 18 1 ter or in accordance with section eleven hundred eleven-d of this chap- 2 ter or in accordance with section eleven hundred eleven-e of this chap- 3 ter, and except an adjudication of liability of an owner for a violation 4 of subdivision (b), (c), (d), (f) or (g) of section eleven hundred 5 eighty of this chapter in accordance with section eleven hundred eight- 6 y-c of this chapter, and except an adjudication of liability of an owner 7 for a violation of toll collection regulations pursuant to section two 8 thousand nine hundred eighty-five of the public authorities law or 9 sections sixteen-a, sixteen-b and sixteen-c of chapter seven hundred 10 seventy-four of the laws of nineteen hundred fifty, and except an adju- 11 dication of liability of an owner for a violation of subdivision (f) of 12 section eleven hundred ten of this chapter in accordance with section 13 eleven hundred ten-a of this chapter, there shall be levied in addition 14 to any sentence, penalty or other surcharge required or permitted by 15 law, an additional surcharge of twenty-eight dollars. 16 § 16-d. Paragraph a of subdivision 1 of section 1809-e of the vehicle 17 and traffic law, as amended by section 11-d of chapter 222 of the laws 18 of 2015, is amended to read as follows: 19 a. Notwithstanding any other provision of law, whenever proceedings in 20 a court or an administrative tribunal of this state result in a 21 conviction for an offense under this chapter, except a conviction pursu- 22 ant to section eleven hundred ninety-two of this chapter, or for a traf- 23 fic infraction under this chapter, or a local law, ordinance, rule or 24 regulation adopted pursuant to this chapter, except a traffic infraction 25 involving standing, stopping, or parking or violations by pedestrians or 26 bicyclists, and except an adjudication of liability of an owner for a 27 violation of subdivision (d) of section eleven hundred eleven of this 28 chapter in accordance with section eleven hundred eleven-a of this chap- 29 ter or in accordance with section eleven hundred eleven-d of this chap- 30 ter or in accordance with section eleven hundred eleven-e of this chap- 31 ter, and except an adjudication of liability of an owner for a violation 32 of toll collection regulations pursuant to section two thousand nine 33 hundred eighty-five of the public authorities law or sections sixteen-a, 34 sixteen-b and sixteen-c of chapter seven hundred seventy-four of the 35 laws of nineteen hundred fifty, and except an adjudication of liability 36 of an owner for a violation of subdivision (f) of section eleven hundred 37 ten of this chapter in accordance with section eleven hundred ten-a of 38 this chapter, there shall be levied in addition to any sentence, penalty 39 or other surcharge required or permitted by law, an additional surcharge 40 of twenty-eight dollars. 41 § 16-e. Paragraph a of subdivision 1 of section 1809-e of the vehicle 42 and traffic law, as amended by section 11-e of chapter 222 of the laws 43 of 2015, is amended to read as follows: 44 a. Notwithstanding any other provision of law, whenever proceedings in 45 a court or an administrative tribunal of this state result in a 46 conviction for an offense under this chapter, except a conviction pursu- 47 ant to section eleven hundred ninety-two of this chapter, or for a traf- 48 fic infraction under this chapter, or a local law, ordinance, rule or 49 regulation adopted pursuant to this chapter, except a traffic infraction 50 involving standing, stopping, or parking or violations by pedestrians or 51 bicyclists, and except an adjudication of liability of an owner for a 52 violation of subdivision (d) of section eleven hundred eleven of this 53 chapter in accordance with section eleven hundred eleven-a of this chap- 54 ter or in accordance with section eleven hundred-e of this chapter, and 55 except an adjudication of liability of an owner for a violation of toll 56 collection regulations pursuant to section two thousand nine hundredS. 8052--C 19 1 eighty-five of the public authorities law or sections sixteen-a, 2 sixteen-b and sixteen-c of chapter seven hundred seventy-four of the 3 laws of nineteen hundred fifty, and except an adjudication of liability 4 of an owner for a violation of subdivision (f) of section eleven hundred 5 ten of this chapter in accordance with section eleven hundred ten-a of 6 this chapter, there shall be levied in addition to any sentence, penalty 7 or other surcharge required or permitted by law, an additional surcharge 8 of twenty-eight dollars. 9 § 16-f. Paragraph a of subdivision 1 of section 1809-e of the vehicle 10 and traffic law, as amended by section 5 of part C of chapter 55 of the 11 laws of 2013, is amended to read as follows: 12 a. Notwithstanding any other provision of law, whenever proceedings in 13 a court or an administrative tribunal of this state result in a 14 conviction for an offense under this chapter, except a conviction pursu- 15 ant to section eleven hundred ninety-two of this chapter, or for a traf- 16 fic infraction under this chapter, or a local law, ordinance, rule or 17 regulation adopted pursuant to this chapter, except a traffic infraction 18 involving standing, stopping, or parking or violations by pedestrians or 19 bicyclists, and except an adjudication of liability of an owner for a 20 violation of subdivision (d) of section eleven hundred eleven of this 21 chapter in accordance with section eleven hundred eleven-a of this chap- 22 ter, and except an adjudication of liability of an owner for a violation 23 of toll collection regulations pursuant to section two thousand nine 24 hundred eighty-five of the public authorities law or sections sixteen-a, 25 sixteen-b and sixteen-c of chapter seven hundred seventy-four of the 26 laws of nineteen hundred fifty, and except an adjudication of liability 27 of an owner for a violation of subdivision (f) of section eleven hundred 28 ten of this chapter in accordance with section eleven hundred ten-a of 29 this chapter, there shall be levied in addition to any sentence, penalty 30 or other surcharge required or permitted by law, an additional surcharge 31 of twenty-eight dollars. 32 § 17. Subdivision 2 of section 87 of the public officers law is 33 amended by adding a new paragraph (p) to read as follows: 34 (p) are photographs, microphotographs, videotape or other recorded 35 images prepared under authority of section eleven hundred ten-a of the 36 vehicle and traffic law. 37 § 18. The New York city department of transportation shall: (i) prior 38 to implementing a temporary high-occupancy vehicle (HOV) program on the 39 Williamsburg bridge as authorized by section 1110-a of the vehicle and 40 traffic law, as added by section fourteen of this act, and in consulta- 41 tion with the metropolitan transportation authority, in accordance with 42 subdivision 4 of section 1268 of the public authorities law, as added by 43 section four of this act, communicate to the public, including the 44 affected communities in New York and Kings counties, the plan for HOV 45 restrictions so as to maximize awareness of such temporary HOV program; 46 (ii) for at least 40 days prior to implementing such temporary HOV 47 program, send by first class mail notice of such upcoming implementation 48 to the owner of any vehicle that is not a bus, a commercial vehicle, an 49 authorized emergency vehicle, or an access-a-ride vehicle, identified as 50 having been driven on the Williamsburg bridge with fewer than three 51 occupants during time periods defined by the New York city department of 52 transportation in accordance with the provisions of section 1110-a of 53 the vehicle and traffic law, as added by section fourteen of this act; 54 and (iii) take such measures as are necessary to implement such tempo- 55 rary HOV program prior to its implementation, including promulgating any 56 rules and regulations necessary for the implementation of this act.S. 8052--C 20 1 Failure to comply with the provisions of this section shall not affect 2 the validity or implementation of the temporary HOV program authorized 3 by section 1110-a of the vehicle and traffic law, as added by section 4 fourteen of this act. 5 § 19. The purchase or lease of equipment for a program established 6 pursuant to section 1110-a of the vehicle and traffic law shall be 7 subject to the provisions of section 103 of the general municipal law. 8 § 20. (a) This act shall take effect immediately provided, however, 9 that sections one through three of this act shall expire and be deemed 10 repealed September 1, 2020; provided, however, that the amendments to 11 paragraph 5 of subdivision (c) of section 1111-c of the vehicle and 12 traffic law, made by section three of this act, shall not affect the 13 repeal of such section and shall be deemed repealed therewith provided, 14 further, that sections four through seventeen and section nineteen of 15 this act shall take effect April 1, 2019, and sections four through 16 nineteen of this act shall expire and be deemed repealed July 1, 2020, 17 except that if the metropolitan transportation authority completes 18 repairs on the Canarsie tunnel prior to July 1, 2020, sections four 19 through nineteen of this act shall expire and be deemed repealed on such 20 prior date; provided that the metropolitan transportation authority 21 shall notify the legislative bill drafting commission upon the occur- 22 rence of such completion of the Canarsie tunnel occurring prior to July 23 1, 2020 in order that the commission may maintain an accurate and timely 24 effective database of the official text of the laws of the state of New 25 York in furtherance of effectuating the provisions of section 44 of the 26 legislative law and section 70-b of the public officers law; 27 (b) notwithstanding the expiration and repeal of certain provisions of 28 this act, any violations issued prior to July 1, 2020 or the prior date 29 upon which sections four through nineteen of this act expires and is 30 deemed repealed pursuant to subdivision (a) of this section, whichever 31 occurs first, may be adjudicated after such date; 32 (c) the amendments to subdivision 1 of section 1809 of the vehicle and 33 traffic law made by section fifteen of this act shall not affect the 34 expiration of such subdivision and shall be deemed to expire therewith, 35 when upon such date the provisions of section fifteen-a of this act 36 shall take effect; 37 (d) the amendments to subdivision 1 of section 1809 of the vehicle and 38 traffic law made by section fifteen-a of this act shall not affect the 39 expiration of such subdivision and shall be deemed to expire therewith, 40 when upon such date the provisions of section fifteen-b of this act 41 shall take effect; 42 (e) the amendments to subdivision 1 of section 1809 of the vehicle and 43 traffic law made by section fifteen-b of this act shall not affect the 44 expiration of such subdivision and shall be deemed to expire therewith, 45 when upon such date the provisions of section fifteen-c of this act 46 shall take effect; 47 (f) the amendments to subdivision 1 of section 1809 of the vehicle and 48 traffic law made by section fifteen-c of this act shall not affect the 49 expiration of such subdivision and shall be deemed to expire therewith, 50 when upon such date the provisions of section fifteen-d of this act 51 shall take effect; 52 (g) the amendments to subdivision 1 of section 1809 of the vehicle and 53 traffic law made by section fifteen-d of this act shall not affect the 54 expiration of such subdivision and shall be deemed to expire therewith, 55 when upon such date the provisions of section fifteen-e of this act 56 shall take effect;S. 8052--C 21 1 (h) the amendments to subdivision 1 of section 1809 of the vehicle and 2 traffic law made by section fifteen-e of this act shall not affect the 3 expiration of such subdivision and shall be deemed to expire therewith, 4 when upon such date the provisions of section fifteen-f of this act 5 shall take effect; 6 (i) the amendments to subdivision 1 of section 1809 of the vehicle and 7 traffic law made by section fifteen-f of this act shall not affect the 8 expiration of such subdivision and shall be deemed to expire therewith, 9 when upon such date the provisions of section fifteen-g of this act 10 shall take effect; 11 (j) the amendments to paragraph a of subdivision 1 of section 1809-e 12 of the vehicle and traffic law made by section sixteen of this act shall 13 not affect the expiration of such paragraph and shall be deemed to 14 expire therewith, when upon such date the provisions of section 15 sixteen-a of this act shall take effect; 16 (k) the amendments to paragraph a of subdivision 1 of section 1809-e 17 of the vehicle and traffic law made by section sixteen-a of this act 18 shall not affect the expiration of such paragraph and shall be deemed to 19 expire therewith, when upon such date the provisions of section 20 sixteen-b of this act shall take effect; 21 (l) the amendments to paragraph a of subdivision 1 of section 1809-e 22 of the vehicle and traffic law made by section sixteen-b of this act 23 shall not affect the expiration of such paragraph and shall be deemed to 24 expire therewith, when upon such date the provisions of section 25 sixteen-c of this act shall take effect; 26 (m) the amendments to paragraph a of subdivision 1 of section 1809-e 27 of the vehicle and traffic law made by section sixteen-c of this act 28 shall not affect the expiration of such paragraph and shall be deemed to 29 expire therewith, when upon such date the provisions of section 30 sixteen-d of this act shall take effect; 31 (n) the amendments to paragraph a of subdivision 1 of section 1809-e 32 of the vehicle and traffic law made by section sixteen-d of this act 33 shall not affect the expiration of such paragraph and shall be deemed to 34 expire therewith, when upon such date the provisions of section 35 sixteen-e of this act shall take effect; and 36 (o) the amendments to paragraph a of subdivision 1 of section 1809-e 37 of the vehicle and traffic law made by section sixteen-e of this act 38 shall not affect the expiration of such paragraph and shall be deemed to 39 expire therewith, when upon such date the provisions of section 40 sixteen-f of this act shall take effect.