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A03058 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          3058
 
                               2021-2022 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 22, 2021
                                       ___________
 
        Introduced  by  M. of A. FAHY -- read once and referred to the Committee
          on Transportation
 
        AN ACT to amend the vehicle and traffic law, in relation to the residen-
          tial parking permit system in the city of Albany; and to amend chapter
          454 of the laws of 2010 amending the vehicle and traffic law  relating
          to  authorizing  a pilot residential parking permit system in the city
          of Albany, in relation to making such provisions permanent
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1. Section 1640-m of the vehicle and traffic law, as added by
     2  chapter 454 of the laws of 2010, is amended to read as follows:
     3    § 1640-m. [Pilot residential] Residential parking permit system in the
     4  city of Albany. 1. Notwithstanding the provisions  of  any  law  to  the
     5  contrary,  the  city  of Albany may, by adoption of a local law or ordi-
     6  nance, provide for a residential  parking  permit  system  and  fix  and
     7  require  the  payment of fees applicable to parking within certain areas
     8  of the city or as delineated by the common council of the city of Albany
     9  in accordance with the provisions of this section.
    10    2. Such residential parking permit  system  may  only  be  established
    11  within  the  areas  of  the city of Albany described as follows: an area
    12  within [three-quarters of] a one mile radius of the Nelson A.  Rockefel-
    13  ler  Empire State Plaza. The permitted streets within this area shall be
    14  described in a local law or ordinance adopted by the common  council  of
    15  the city of Albany pursuant to this section.
    16    3.  Notwithstanding the provisions of this section, no permit shall be
    17  required on streets where the adjacent properties are zoned for  commer-
    18  cial, office and/or retail use.
    19    4.  The  local law or ordinance providing for such residential parking
    20  permit system shall:
    21    a. Set forth the specific factors which necessitate the implementation
    22  of said system and shall include, but not be  limited  to,  findings  of
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07066-01-1

        A. 3058                             2
 
     1  facts  as  to  the existence of such traffic hazards, congestion and air
     2  and noise pollution within any such areas;
     3    b.  Provide  that  motor  vehicles registered pursuant to section four
     4  hundred four-a of this chapter shall be exempt from any permit  require-
     5  ment;
     6    c.  Provide the times of the day and the days of the week during which
     7  permit requirements shall be in effect;
     8    d. Make not less than twenty percent of all spaces within  the  permit
     9  area  or  areas available to nonresidents which shall provide short-term
    10  parking of not less than ninety minutes in  duration  in  such  area  or
    11  areas;
    12    e. Make not more than [two thousand seven] three thousand five hundred
    13  [fifty] of the approximately nine thousand residential spaces within the
    14  permit area or areas available for residential parking by permit;
    15    f.  Provide  the  schedule of fees to be paid for residential permits;
    16  and
    17    g. Provide that such fees shall be credited to the general fund of the
    18  city of Albany.
    19    5. No local law or ordinance shall be adopted pursuant to this section
    20  until a public hearing thereon has been held by the  common  council  of
    21  the  city  of  Albany  concerning the designation of the certain area or
    22  areas in which said parking permit system is to be implemented.
    23    § 2. Section 3 of chapter 454 of the laws of 2010 amending the vehicle
    24  and traffic law relating to  authorizing  a  pilot  residential  parking
    25  permit  system  in the city of Albany, as amended by section 1 of item K
    26  of subpart B of part XXX of chapter 58 of the laws of 2020,  is  amended
    27  to read as follows:
    28    §  3. This act shall take effect immediately [and shall remain in full
    29  force and effect for a period of nine years after the implementation  of
    30  the  local  law  or  ordinance adopted by the city of Albany pursuant to
    31  section 1640-m of the vehicle and traffic law as added by section two of
    32  this act at which time this act shall expire and be deemed repealed].
    33    § 3. This act shall take effect immediately.
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