Bill Text: NY S02797 | 2021-2022 | General Assembly | Introduced


Bill Title: Authorizes the city of New York to provide for a residential parking permit system to reduce hazards and pollution levels.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2022-01-05 - REFERRED TO TRANSPORTATION [S02797 Detail]

Download: New_York-2021-S02797-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          2797

                               2021-2022 Regular Sessions

                    IN SENATE

                                    January 25, 2021
                                       ___________

        Introduced  by Sen. KAVANAGH -- read twice and ordered printed, and when
          printed to be committed to the Committee on Transportation

        AN ACT to amend the vehicle and traffic law and the  public  authorities
          law, in relation to authorizing a residential parking permit system in
          the  city of New York; 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 findings and intent. The legislature finds that
     2  a  lack of parking for residents of the city of New York has resulted in
     3  traffic hazards, congestion and air and noise  pollution.  In  addition,
     4  such  lack  of parking poses a hazard to residents and other pedestrians
     5  in such areas.
     6    The legislature further finds that a residential parking  system  will
     7  reduce such hazards and will reduce pollution levels as well. The legis-
     8  lature,  therefore,  declares the necessity of this act to authorize the
     9  city of New York to adopt a residential  parking  system  in  accordance
    10  with the provisions of this act.
    11    §  2.  The  vehicle and traffic law is amended by adding a new section
    12  1640-r to read as follows:
    13    § 1640-r. Residential parking system in  the  city  of  New  York.  1.
    14  Notwithstanding  the  provisions of any law to the contrary, the city of
    15  New York may, by adoption of a local law or  ordinance,  provide  for  a
    16  residential  parking  permit  system  and fix and require the payment of
    17  fees applicable to parking within the area of the  city  in  which  such
    18  parking  system  is  in effect in accordance with the provisions of this
    19  section.
    20    2. Such residential parking permit  system  may  only  be  established
    21  within  that  area  of  the city of New York within the neighborhoods of
    22  Clinton Hill,  Fort  Greene,  Prospect  Heights,  Park  Slope,  Gowanus,
    23  Carroll  Gardens,  Cobble  Hill, Boerum Hill, Columbia Street Waterfront

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01064-01-1

        S. 2797                             2

     1  District, Brooklyn Heights, Fulton  Ferry  Landing,  Downtown  Brooklyn,
     2  DUMBO,  and Vinegar Hill which shall mean that area generally bounded on
     3  the northerly side by the East River, on the easterly side by Washington
     4  Avenue  to  Eastern Parkway, on the southerly side by Eastern Parkway to
     5  Prospect Park West and Prospect Park West to  the  Prospect  Expressway,
     6  and  on  the  westerly  side  by  the Prospect Expressway to the Gowanus
     7  Canal, Gowanus Bay, Red Hook Channel, and Buttermilk Channel.
     8    3. Notwithstanding the foregoing,  no  permit  shall  be  required  on
     9  streets where the adjacent properties are zoned for commercial or retail
    10  use or in metered parking spaces.
    11    4.  The  local law or ordinance providing for such residential parking
    12  system shall:
    13    (a) set forth the factors necessitating the enactment of such  parking
    14  system;
    15    (b)  provide  that  motor vehicles registered pursuant to section four
    16  hundred four-a of this chapter shall be exempt from any permit  require-
    17  ment;
    18    (c)  provide  the  times  of the day and days of the week during which
    19  permit requirements shall be in effect;
    20    (d) make not less than twenty percent of all spaces within the  permit
    21  area or areas available to nonresidents and shall provide for short-term
    22  parking of not less than ninety minutes in duration in such area;
    23    (e) provide the schedule of fees to be paid for such permits; and
    24    (f) provide that such fees excluding administrative expenses, shall be
    25  remitted  by  the city of New York to the applicable mass transit agency
    26  on a quarterly basis to  be  deposited  in  the  general  transportation
    27  account  of the New York city transportation assistance fund established
    28  pursuant to section twelve hundred seventy-i of the  public  authorities
    29  law.
    30    5.  No  ordinance  shall  be  adopted pursuant to this section until a
    31  public hearing thereon has been had in the same manner as  required  for
    32  public hearings on a local law pursuant to the municipal home rule law.
    33    6. The provisions of this section shall not apply to any state highway
    34  maintained by the state.
    35    § 3. Subdivision 1 of section 1270-i of the public authorities law, as
    36  added  by  section  4  of part NNN of chapter 59 of the laws of 2018, is
    37  amended to read as follows:
    38    1. The authority shall create and establish a fund to be known as  the
    39  "New York city transportation assistance fund" which shall be kept sepa-
    40  rate  from  and  shall  not  be  commingled with any other moneys of the
    41  authority. The  New  York  city  transportation  assistance  fund  shall
    42  consist  of  three  separate  accounts:  (i)  the  "subway  action  plan
    43  account"; (ii) the "outer borough transportation account"; and (iii) the
    44  "general transportation account".  The authority shall make deposits  in
    45  the  subway action plan account of the moneys received by it pursuant to
    46  the  provisions  of  subdivision   (c)   of   section   twelve   hundred
    47  ninety-nine-H  of the tax law in accordance with the provisions thereof,
    48  shall make deposits in the outer borough transportation account  of  the
    49  moneys  received  by it pursuant to the provisions of subdivision (d) of
    50  section twelve hundred ninety-nine-H of the tax law in  accordance  with
    51  the provisions thereof, and shall make deposits in the general transpor-
    52  tation  account  of the moneys received by it pursuant to the provisions
    53  of subdivision (e) of section twelve hundred ninety-nine-H  of  the  tax
    54  law  in  accordance  with  the provisions thereof, [and] pursuant to the
    55  provisions of section eleven hundred eleven-C of the vehicle and traffic

        S. 2797                             3

     1  law, and pursuant to the provisions of paragraph (f) of subdivision four
     2  of section sixteen hundred forty-r of the vehicle and traffic law.
     3    §  4. This act shall take effect immediately and shall expire December
     4  1, 2026 when upon such date the provisions of this act shall  be  deemed
     5  repealed, provided that any such local law or ordinance enacted pursuant
     6  to this act shall remain in full force and effect only until December 1,
     7  2026.
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