Bill Text: NY A01406 | 2019-2020 | General Assembly | Amended

---

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 12-0)

Status: (Introduced - Dead) 2020-01-08 - referred to transportation [A01406 Detail]

Download: New_York-2019-A01406-Amended.html

---

                STATE OF NEW YORK
        ________________________________________________________________________

                                         1406--A

                               2019-2020 Regular Sessions

                   IN ASSEMBLY

                                    January 15, 2019
                                       ___________

        Introduced  by  M.  of A. SIMON, WALKER, D'URSO, COOK, MOSLEY, WILLIAMS,
          ARROYO -- Multi-Sponsored by -- M. of  A.  BLAKE,  DE LA ROSA,  ORTIZ,
          RIVERA,  SOLAGES  -- read once and referred to the Committee on Trans-
          portation -- committee discharged, bill amended, ordered reprinted  as
          amended and recommitted to said committee

        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-q to read as follows:
    13    §  1640-q.  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.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01496-02-9
        A. 1406--A                          2

     1    2.  Such  residential  parking  permit  system may only be established
     2  within that area of the city of New York  within  the  neighborhoods  of
     3  Clinton  Hill,  Fort  Greene,  Prospect  Heights,  Park  Slope, Gowanus,
     4  Carroll Gardens, Cobble Hill, Boerum Hill,  Columbia  Street  Waterfront
     5  District,  Brooklyn  Heights,  Fulton  Ferry Landing, Downtown Brooklyn,
     6  DUMBO, and Vinegar Hill which shall mean that area generally bounded  on
     7  the northerly side by the East River, on the easterly side by Washington
     8  Avenue  to  Eastern Parkway, on the southerly side by Eastern Parkway to
     9  Prospect Park West and Prospect Park West to  the  Prospect  Expressway,
    10  and  on  the  westerly  side  by  the Prospect Expressway to the Gowanus
    11  Canal, Gowanus Bay, Red Hook Channel, and Buttermilk Channel.
    12    3. Notwithstanding the foregoing,  no  permit  shall  be  required  on
    13  streets where the adjacent properties are zoned for commercial or retail
    14  use or in metered parking spaces.
    15    4.  The  local law or ordinance providing for such residential parking
    16  system shall:
    17    (a) set forth the factors necessitating the enactment of such  parking
    18  system;
    19    (b)  provide  that  motor vehicles registered pursuant to section four
    20  hundred four-a of this chapter shall be exempt from any permit  require-
    21  ment;
    22    (c)  provide  the  times  of the day and days of the week during which
    23  permit requirements shall be in effect;
    24    (d) make not less than twenty percent of all spaces within the  permit
    25  area or areas available to nonresidents and shall provide for short-term
    26  parking of not less than ninety minutes in duration in such area;
    27    (e) provide the schedule of fees to be paid for such permits; and
    28    (f) provide that such fees excluding administrative expenses, shall be
    29  remitted  by  the city of New York to the applicable mass transit agency
    30  on a quarterly basis to  be  deposited  in  the  general  transportation
    31  account  of the New York city transportation assistance fund established
    32  pursuant to section twelve hundred seventy-i of the  public  authorities
    33  law.
    34    5.  No  ordinance  shall  be  adopted pursuant to this section until a
    35  public hearing thereon has been had in the same manner as  required  for
    36  public hearings on a local law pursuant to the municipal home rule law.
    37    6. The provisions of this section shall not apply to any state highway
    38  maintained by the state.
    39    § 3. Subdivision 1 of section 1270-i of the public authorities law, as
    40  added  by  section  4  of part NNN of chapter 59 of the laws of 2018, is
    41  amended to read as follows:
    42    1. The authority shall create and establish a fund to be known as  the
    43  "New York city transportation assistance fund" which shall be kept sepa-
    44  rate  from  and  shall  not  be  commingled with any other moneys of the
    45  authority. The  New  York  city  transportation  assistance  fund  shall
    46  consist  of  three  separate  accounts:  (i)  the  "subway  action  plan
    47  account"; (ii) the "outer borough transportation account"; and (iii) the
    48  "general transportation account".  The authority shall make deposits  in
    49  the  subway action plan account of the moneys received by it pursuant to
    50  the  provisions  of  subdivision   (c)   of   section   twelve   hundred
    51  ninety-nine-H  of the tax law in accordance with the provisions thereof,
    52  shall make deposits in the outer borough transportation account  of  the
    53  moneys  received  by it pursuant to the provisions of subdivision (d) of
    54  section twelve hundred ninety-nine-H of the tax law in  accordance  with
    55  the provisions thereof, and shall make deposits in the general transpor-
    56  tation  account  of the moneys received by it pursuant to the provisions
        A. 1406--A                          3

     1  of subdivision (e) of section twelve hundred ninety-nine-H  of  the  tax
     2  law  in  accordance  with  the provisions thereof, [and] pursuant to the
     3  provisions of section eleven hundred eleven-C of the vehicle and traffic
     4  law, and pursuant to the provisions of paragraph (f) of subdivision four
     5  of section sixteen hundred forty-q of the vehicle and traffic law.
     6    §  4. This act shall take effect immediately and shall expire December
     7  1, 2024 when upon such date the provisions of this act shall  be  deemed
     8  repealed, provided that any such local law or ordinance enacted pursuant
     9  to this act shall remain in full force and effect only until December 1,
    10  2024.