S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  2318--A
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             January 24, 2019
                                ___________
 
 Introduced  by Sen. KAVANAGH -- read twice and ordered printed, and when
   printed to be committed to the Committee on Transportation --  commit-
   tee  discharged, bill amended, ordered reprinted as amended and recom-
   mitted 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:
 
   Section 1. Legislative findings and intent. The legislature finds that
 a  lack of parking for residents of the city of New York has resulted in
 traffic hazards, congestion and air and noise  pollution.  In  addition,
 such  lack  of parking poses a hazard to residents and other pedestrians
 in such areas.
   The legislature further finds that a residential parking  system  will
 reduce such hazards and will reduce pollution levels as well. The legis-
 lature,  therefore,  declares the necessity of this act to authorize the
 city of New York to adopt a residential  parking  system  in  accordance
 with the provisions of this act.
   §  2.  The  vehicle and traffic law is amended by adding a new section
 1640-q to read as follows:
   § 1640-Q. RESIDENTIAL PARKING SYSTEM IN  THE  CITY  OF  NEW  YORK.  1.
 NOTWITHSTANDING  THE  PROVISIONS OF ANY LAW TO THE CONTRARY, THE CITY OF
 NEW YORK MAY, BY ADOPTION OF A LOCAL LAW OR  ORDINANCE,  PROVIDE  FOR  A
 RESIDENTIAL  PARKING  PERMIT  SYSTEM  AND FIX AND REQUIRE THE PAYMENT OF
 FEES APPLICABLE TO PARKING WITHIN THE AREA OF THE  CITY  IN  WHICH  SUCH
 PARKING  SYSTEM  IS  IN EFFECT IN ACCORDANCE WITH THE PROVISIONS OF THIS
 SECTION.
   2. SUCH RESIDENTIAL PARKING PERMIT  SYSTEM  MAY  ONLY  BE  ESTABLISHED
 WITHIN  THAT  AREA  OF  THE CITY OF NEW YORK WITHIN THE NEIGHBORHOODS OF
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD01496-03-9

 S. 2318--A                          2
 
 CLINTON HILL,  FORT  GREENE,  PROSPECT  HEIGHTS,  PARK  SLOPE,  GOWANUS,
 CARROLL  GARDENS,  COBBLE  HILL, BOERUM HILL, COLUMBIA STREET WATERFRONT
 DISTRICT, BROOKLYN HEIGHTS, FULTON  FERRY  LANDING,  DOWNTOWN  BROOKLYN,
 DUMBO,  AND VINEGAR HILL WHICH SHALL MEAN THAT AREA GENERALLY BOUNDED ON
 THE NORTHERLY SIDE BY THE EAST RIVER, ON THE EASTERLY SIDE BY WASHINGTON
 AVENUE TO EASTERN PARKWAY, ON THE SOUTHERLY SIDE BY EASTERN  PARKWAY  TO
 PROSPECT  PARK  WEST  AND PROSPECT PARK WEST TO THE PROSPECT EXPRESSWAY,
 AND ON THE WESTERLY SIDE BY  THE  PROSPECT  EXPRESSWAY  TO  THE  GOWANUS
 CANAL, GOWANUS BAY, RED HOOK CHANNEL, AND BUTTERMILK CHANNEL.
   3.  NOTWITHSTANDING  THE  FOREGOING,  NO  PERMIT  SHALL BE REQUIRED ON
 STREETS WHERE THE ADJACENT PROPERTIES ARE ZONED FOR COMMERCIAL OR RETAIL
 USE OR IN METERED PARKING SPACES.
   4. THE LOCAL LAW OR ORDINANCE PROVIDING FOR SUCH  RESIDENTIAL  PARKING
 SYSTEM SHALL:
   (A)  SET FORTH THE FACTORS NECESSITATING THE ENACTMENT OF SUCH PARKING
 SYSTEM;
   (B) PROVIDE THAT MOTOR VEHICLES REGISTERED PURSUANT  TO  SECTION  FOUR
 HUNDRED  FOUR-A OF THIS CHAPTER SHALL BE EXEMPT FROM ANY PERMIT REQUIRE-
 MENT;
   (C) PROVIDE THE TIMES OF THE DAY AND DAYS OF  THE  WEEK  DURING  WHICH
 PERMIT REQUIREMENTS SHALL BE IN EFFECT;
   (D)  MAKE NOT LESS THAN TWENTY PERCENT OF ALL SPACES WITHIN THE PERMIT
 AREA OR AREAS AVAILABLE TO NONRESIDENTS AND SHALL PROVIDE FOR SHORT-TERM
 PARKING OF NOT LESS THAN NINETY MINUTES IN DURATION IN SUCH AREA;
   (E) PROVIDE THE SCHEDULE OF FEES TO BE PAID FOR SUCH PERMITS; AND
   (F) PROVIDE THAT SUCH FEES EXCLUDING ADMINISTRATIVE EXPENSES, SHALL BE
 REMITTED BY THE CITY OF NEW YORK TO THE APPLICABLE MASS  TRANSIT  AGENCY
 ON  A  QUARTERLY  BASIS  TO  BE  DEPOSITED IN THE GENERAL TRANSPORTATION
 ACCOUNT OF THE NEW YORK CITY TRANSPORTATION ASSISTANCE FUND  ESTABLISHED
 PURSUANT  TO  SECTION TWELVE HUNDRED SEVENTY-I OF THE PUBLIC AUTHORITIES
 LAW.
   5. NO ORDINANCE SHALL BE ADOPTED PURSUANT  TO  THIS  SECTION  UNTIL  A
 PUBLIC  HEARING  THEREON HAS BEEN HAD IN THE SAME MANNER AS REQUIRED FOR
 PUBLIC HEARINGS ON A LOCAL LAW PURSUANT TO THE MUNICIPAL HOME RULE LAW.
   6. THE PROVISIONS OF THIS SECTION SHALL NOT APPLY TO ANY STATE HIGHWAY
 MAINTAINED BY THE STATE.
   § 3. Subdivision 1 of section 1270-i of the public authorities law, as
 added by section 4 of part NNN of chapter 59 of the  laws  of  2018,  is
 amended to read as follows:
   1.  The authority shall create and establish a fund to be known as the
 "New York city transportation assistance fund" which shall be kept sepa-
 rate from and shall not be commingled  with  any  other  moneys  of  the
 authority.  The  New  York  city  transportation  assistance  fund shall
 consist  of  three  separate  accounts:  (i)  the  "subway  action  plan
 account"; (ii) the "outer borough transportation account"; and (iii) the
 "general  transportation account".  The authority shall make deposits in
 the subway action plan account of the moneys received by it pursuant  to
 the   provisions   of   subdivision   (c)   of  section  twelve  hundred
 ninety-nine-H of the tax law in accordance with the provisions  thereof,
 shall  make  deposits in the outer borough transportation account of the
 moneys received by it pursuant to the provisions of subdivision  (d)  of
 section  twelve  hundred ninety-nine-H of the tax law in accordance with
 the provisions thereof, and shall make deposits in the general transpor-
 tation account of the moneys received by it pursuant to  the  provisions
 of  subdivision  (e)  of section twelve hundred ninety-nine-H of the tax
 law in accordance with the provisions thereof,  [and]  pursuant  to  the

 S. 2318--A                          3
 
 provisions of section eleven hundred eleven-C of THE vehicle and traffic
 law, AND PURSUANT TO THE PROVISIONS OF PARAGRAPH (F) OF SUBDIVISION FOUR
 OF SECTION SIXTEEN HUNDRED FORTY-Q OF THE VEHICLE AND TRAFFIC LAW.
   §  4. This act shall take effect immediately and shall expire December
 1, 2024 when upon such date the provisions of this act shall  be  deemed
 repealed, provided that any such local law or ordinance enacted pursuant
 to this act shall remain in full force and effect only until December 1,
 2024.