S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10723
 
                           I N  A S S E M B L Y
 
                             September 9, 2022
                                ___________
 
 Introduced  by  COMMITTEE ON RULES -- (at request of M. of A. O'Donnell)
   -- read once and referred to the Committee on Transportation
 
 AN ACT to amend the vehicle and traffic law, in relation to  authorizing
   certain  residential  parking  permit systems in the city of New York;
   and providing for the repeal of such provisions upon expiration there-
   of

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The  vehicle  and  traffic law is amended by adding a new
 section 1640-s to read as follows:
   § 1640-S. RESIDENTIAL PARKING SYSTEMS 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
 CERTAIN  RESIDENTIAL  PARKING  PERMIT  SYSTEMS  AND  FIX AND REQUIRE THE
 PAYMENT OF FEES APPLICABLE TO PARKING WITHIN THE AREA  OF  THE  CITY  IN
 WHICH  SUCH  PARKING  SYSTEMS  ARE  IN  EFFECT  IN  ACCORDANCE  WITH THE
 PROVISIONS OF THIS SECTION.
   2. SUCH RESIDENTIAL PARKING PERMIT SYSTEMS MAY BE  ESTABLISHED  WITHIN
 THAT  AREA OF THE CITY OF NEW YORK WITHIN CERTAIN NEIGHBORHOODS, INCLUD-
 ING BUT NOT LIMITED TO, WASHINGTON HEIGHTS, HARLEM, MORNINGSIDE HEIGHTS,
 UPPER WEST SIDE, EAST HARLEM, AND UPPER EAST SIDE.
   3. THE CITY OF NEW YORK MAY UNDERTAKE A STUDY ON THE EFFECTIVENESS  OF
 SUCH PROGRAMS ON PARKING ACCESS TAKING INTO CONSIDERATION:
   (A)  TRAFFIC  FLOW  AND  PARKING AVAILABILITY IN THE AREAS IMMEDIATELY
 SURROUNDING THE CENTRAL BUSINESS DISTRICT;
   (B) EQUITY ISSUES AND HOUSEHOLD INCOME IN  RELATION  TO  THE  COST  OF
 PARKING PERMITS; AND
   (C) ENVIRONMENTAL IMPACT OF EMISSIONS AND AIR POLLUTION.
   4.  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.
   5. THE LOCAL LAW OR ORDINANCE PROVIDING FOR SUCH  RESIDENTIAL  PARKING
 SYSTEMS SHALL:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD16245-05-2
              

 A. 10723                            2
 
   (A)  SET FORTH THE FACTORS NECESSITATING THE ENACTMENT OF SUCH PARKING
 SYSTEMS;
   (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; AND
   (D) PROVIDE THE SCHEDULE OF FEES TO BE PAID FOR SUCH PERMITS.
   6. 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.
   7. THE PROVISIONS OF THIS SECTION SHALL NOT APPLY TO ANY STATE HIGHWAY
 MAINTAINED BY THE STATE.
   § 2. This act shall take effect immediately and shall expire  December
 1,  2028, 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,
 2028.