N.Y. Vehicle & Traffic Law § 1704: Establishment of central business district tolling program

§ 1704. Establishment of central business district tolling program. 1.

The Triborough bridge and tunnel authority shall establish the central

business district tolling program.

2. The central business district tolling program will operate in the

central business district. The central business district shall include

the geographic area in the borough of Manhattan south of and inclusive

of sixtieth street to the extent practicable but shall not include the

FDR Drive, and New York state route 9A otherwise known as the "West Side

highway" including the Battery Park underpass and any surface roadway

portion of the Hugh L. Carey Tunnel connecting to West St. The

boundaries of the central business district shall not be modified,

expanded, or reduced and shall incorporate the outer bounds of the

aforementioned district to the extent practicable.

2-a. The Triborough bridge and tunnel authority shall enter into a

memorandum of understanding with the city department of transportation

for purposes of coordinating the planning, design, installation,

construction and maintenance of the central business district tolling

infrastructure including required signage. The Memorandum shall address

the use of existing systems, devices and other facilities owned and

operated by the city for the purposes of a central business district

tolling program, as well as reimbursable costs associated with the

planning, design, installation, construction and maintenance of such

program. Such memorandum of understanding shall be entered into no later

than sixty days from the effective date of this article.

3. (a) Notwithstanding any law to the contrary, the Triborough bridge

and tunnel authority, pursuant to the memorandum of understanding

executed pursuant to subdivision two-a of this section with the city

department of transportation shall plan, design, install, construct, and

maintain the central business district tolling infrastructure. The city

of New York shall cooperate and consult with the Triborough bridge and

tunnel authority to facilitate the planning, design, construction,

timely implementation, and maintenance of the central business district

tolling infrastructure and shall not unduly hinder or delay the

planning, designing, installation, operation, construction, timely

implementation, or maintenance of the same. Notwithstanding any

provision of law to the contrary, the city of New York shall, pursuant

to the memorandum of understanding executed pursuant to subdivision

two-a of this section with the Triborough bridge and tunnel authority,

be authorized to provide for the use of existing systems, devices and

other facilities owned and operated by the city, including, but not

limited to systems and devices installed pursuant to sections one

thousand one hundred eleven-a, one thousand one hundred eleven-c, and

one thousand one hundred eighty-b of this chapter to facilitate the

Triborough bridge and tunnel authority's central business district

tolling program and shall work with the Triborough bridge and tunnel

authority to facilitate the same.

(b) The Triborough bridge and tunnel authority shall, pursuant to the

memorandum of understanding executed pursuant to subdivision two-a of

this section with the city department of transportation, plan, design,

install, construct, and maintain a central business district toll

collection system and implement and operate the same to collect the

central business district toll.

(c) The Triborough bridge and tunnel authority shall plan, design,

implement and operate a central business district toll customer service

center.

(d) The central business district tolling program shall be planned,

designed, implemented and operated to facilitate payment of central

business district tolls by credit or debit card, check or automated

clearing house payment, by telephone or over the internet or any other

method of payment that the Triborough bridge and tunnel authority may

implement.

(e) All procurements of goods, services or construction of any kind by

the Triborough bridge and tunnel authority for the central business

district tolling program shall be deemed to be subject only to the same

requirements that otherwise apply to procurements by the Triborough

bridge and tunnel authority.

(f) Signage shall be clearly delineated to provide notice at a

reasonable distance prior to, and upon entry into, the central business

district and upon exit from the central business district. Signage prior

to entry must include the toll rates to be charged. Additionally,

signage shall be provided, where practicable, to provide drivers

adequate notice to avoid entry into the central business district.

Design, placement and installation of signage by the Triborough bridge

and tunnel authority shall be performed pursuant to the memorandum of

understanding executed pursuant to subdivision two-a of this section

with the city department of transportation.

4. The central business district tolling infrastructure, the central

business district toll collection system and the central business

district tolling customer service center shall be completed by the

operation date.

5. Responsibility for maintenance of the central business district

tolling infrastructure after the operation date shall be performed by

the Triborough bridge and tunnel authority pursuant to the memorandum of

understanding executed pursuant to subdivision two-a of this section

with the city department of transportation.

6. The planning, designing, constructing, installing or maintaining of

the central business district tolling program and the planning,

designing, installing, constructing, operating or maintaining of the

central business district toll collection system by the Triborough

bridge and tunnel authority including the establishment by such

authority of central business district tolls, and any other fees or

rentals for the use of its projects and any changes thereafter shall not

be subject to the provisions of article eight of the environmental

conservation law, the provisions of chapter six of article forty-three

or chapter five of title sixty-two of the rules of the city of New York,

or the provisions of section one hundred ninety-seven-c of the New York

city charter, relating to a uniform land use review procedure, nor the

provisions of any other local law of the city of New York of like or

similar effect including approvals or charges associated with the use of

property owned and maintained by the city of New York necessary for the

installation of central business district tolling infrastructure nor

shall the determination of the central business district toll amounts by

the Triborough bridge and tunnel authority board be subject to any such

provisions of law. The planning, designing, installing, constructing or

maintaining of the central business district tolling program by the

Triborough bridge and tunnel authority shall be performed pursuant to

the memorandum of understanding executed pursuant to subdivision two-a

of this section.