S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2797
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             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:
 
   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-r to read as follows:
   § 1640-R. 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
 CLINTON HILL,  FORT  GREENE,  PROSPECT  HEIGHTS,  PARK  SLOPE,  GOWANUS,
 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
 
 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
 provisions of section eleven hundred eleven-C of THE vehicle and traffic

 S. 2797                             3
 
 law, AND PURSUANT TO THE PROVISIONS OF PARAGRAPH (F) OF SUBDIVISION FOUR
 OF SECTION SIXTEEN HUNDRED FORTY-R OF THE VEHICLE AND TRAFFIC LAW.
   §  4. This act shall take effect immediately and shall expire December
 1, 2026 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,
 2026.