N.Y. Executive Law § 201: State agency employee vehicle efficiency

§ 201. State agency employee vehicle efficiency. 1. For the purpose

of this section:

a. "state agency" means any department of the executive, any bureau,

commission, agency, board or other agency, any public authority, and the

judiciary and the legislature.

b. "state office" means any building or facility in the state wherein

one hundred or more employees, in aggregate, of any state agency are

located whether or not such office building or facility is owned, rented

or leased by the state.

2. Each state agency shall institute a program at each state office to

increase the average passenger occupancy per vehicle in commuting trips

between home and the work place. In the area designated as severe

non-attainment for ozone, as designated by the administrator of the

United States environmental protection agency, such increase shall be

not less than twenty-five percent above the average vehicle occupancy

standard for such trips as such standard is established in accordance

with the federal Clean Air Act, 42 U.S.C. Section 7401 et seq., as

amended by Public Law 101-549, November fifteenth, nineteen hundred

ninety, hereinafter referred to as "the Act", and regulations

promulgated pursuant thereto. Where parking for a state agency occurs on

properties under the jurisdiction of the office of general services, the

state agency shall institute such program in consultation with the

commissioner of general services. Where parking for a state office

occurs on properties not controlled by the office of general services,

each state agency shall be solely responsible for instituting such

program. When instituting such a program, a state agency shall take into

account the location of each facility, the availability of mass transit,

and the scheduling of employees at each work site using such facility.

Such program may include designation of parking spaces to be used

exclusively by multiple occupancy vehicles, provided that the number of

such spaces shall be determined with reference to the ability of users

of such facilities to engage in ride-sharing, provided, however, that

the designation of such spaces shall in no way displace handicapped

parking spaces established pursuant to section twelve hundred three-c of

the vehicle and traffic law. A plan for such program shall be completed

on or before November fifteenth, nineteen hundred ninety-five, and

implemented on or before November fifteenth, nineteen hundred

ninety-seven.

3. The provisions of this section shall not exclude any state agency

from any duty or responsibility to implement an employee trip reduction

program pursuant to section 7511a(d)(1)(B) of the Act. To the extent

permitted by the Act, programs instituted under this provision may be

used to comply with the employee trip reduction provisions of section

7511a(d)(1)(B) of the Act. Implementation of this section shall be

consistent with any agreements which may be made as a result of

collective bargaining or other negotiations between the state and its

affected employee unions.