S T A T E O F N E W Y O R K
________________________________________________________________________
7
Third Extraordinary Session
I N A S S E M B L Y
November 29, 2010
___________
Introduced by COMMITTEE ON RULES -- (at request of the Governor) -- read
once and referred to the Committee on Ways and Means
AN ACT to amend the public authorities law and the highway law, in
relation to renaming the Brooklyn Battery tunnel the Hugh L. Carey
tunnel
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 hereby
recognizes Hugh L. Carey, by naming after him the Brooklyn Battery
Tunnel, as a tribute befitting his historic contribution to the state of
New York. Hugh L. Carey served the people of New York state as a member
of the United States House of Representatives for fourteen years, and as
the fifty-first Governor of New York state for twelve years. He served
as Governor during a time of great challenge for New York state, and
significantly advanced the state's fiscal well-being and economic devel-
opment. He brought the city of New York back from the brink of bankrupt-
cy, and was instrumental in the development of the South Street Seaport,
Battery Park City and the Jacob Javits Convention Center. He greatly
improved the services provided to the mentally ill and developmentally
disabled, by entering into the Willowbrook consent decree and through
other initiatives. Hugh L. Carey served with distinction as a member of
the New York National Guard in Europe during the Second World War,
receiving the Combat Infantryman Badge, the Bronze Star and the Croix de
Guerre, and leaving active duty with the rank of colonel. His decades of
service to this state and nation fully merit the honor bestowed upon him
by this bill.
S 2. Paragraph (g) of subdivision 9 of section 553 of the public
authorities law, as amended by chapter 954 of the laws of 1946, is
amended to read as follows:
(g) a vehicular tunnel or tunnels under construction, known as [Brook-
lyn Battery] HUGH L. CAREY tunnel, under the East river from the south-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD12327-02-0
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erly end of the borough of Manhattan to the general vicinity of Hamilton
avenue in the borough of Brooklyn, together with such incidental tunnels
and such other structures, appurtenances, facilities and approaches as
shall be necessary or convenient; and
S 3. Paragraph (j) of subdivision 9 of section 553 of the public
authorities law, as amended by chapter 854 of the laws of 1948, is
amended to read as follows:
(j) Bus stations or terminals or automobile parking garages at or in
the vicinity of the Columbus circle in the borough of Manhattan and of
the Manhattan plazas of the Queens Midtown and [Brooklyn Battery] HUGH
L. CAREY tunnels. Any such project may, subject to zoning restrictions,
include space and facilities for any or all of the following: public
recreation, business, trade and other exhibitions, sporting and athletic
events, public meetings, conventions and all kinds of assemblages, and
in order to obtain additional revenues, space and facilities for busi-
ness and commercial purposes. Whenever the authority deems it to be in
the public interest, the authority may lease any such project or any
part or parts thereof or contract for the management and operation ther-
eof or of any part or parts thereof. Any such lease or contract may be
for a period of not exceeding ten years, or, if any of the revenues
therefrom are or are to be pledged to secure bonds then such lease or
contract may be for a period extending not later by more than one year
than the last maturity of such bonds.
S 4. Subdivision 3 of section 563 of the public authorities law, as
amended by chapter 806 of the laws of 1955, is amended to read as
follows:
3. The state of New York does pledge to and agree with the holders of
any bonds that no tunnel, bridge, parkway, causeway, street, road, high-
way or other connection for vehicular traffic, which will be competitive
with the Queens Midtown tunnel or the [Brooklyn Battery] HUGH L. CAREY
tunnel or the Brooklyn Richmond tunnel or the Narrows bridge will be
constructed; provided that a tunnel, bridge, parkway, causeway, street,
road, highway or other connection for vehicular traffic shall be consid-
ered as competitive if it shall form a connection for vehicular traffic
over, under or across the East river south of Queensboro bridge, or, if
it shall form a connection for vehicular traffic between the boroughs of
Manhattan, Brooklyn or Richmond over, under or across New York bay. The
covenant herein contained restricting competitive traffic connections
with any project or projects shall be only for the benefit of the hold-
ers of bonds secured in whole or in part by the pledge of the revenues
of such project or projects and subject to and in accordance with all
contract provisions with respect to any bonds outstanding on January
first, nineteen hundred fifty-five and the rights of the holders of such
bonds, the covenant herein contained shall not be deemed to prevent the
construction of any bridge or tunnel exclusively for railway rapid tran-
sit purposes.
S 5. Section 569-b of the public authorities law, as amended by chap-
ter 543 of the laws of 1960, is amended to read as follows:
S 569-b. Restrictions on signs and billboards. 1. No outdoor advertis-
ing sign or device which refers to any subject other than the business
actually conducted on the premises or to sale or rental of such premises
and no such outdoor advertising sign or device exceeding ten feet in
height above the sidewalk adjacent to the property on which such sign or
device is located, shall be erected, reconstructed, painted, or
repainted, after the applicable date hereinafter specified in this
section, within five hundred feet of the Whitestone bridge project, the
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Throgs Neck bridge project, the Narrows bridge project or the [Brook-
lyn-Battery] HUGH L. CAREY tunnel project or the approaches and
connections of such projects, if within view thereof.
2. In the case of the Whitestone bridge project, the applicable date
shall be April three, nineteen hundred thirty-nine, except that with
respect to reconstruction, painting or repainting of any such sign or
device within view of such bridge project, the applicable date shall be
the effective date of this subdivision two.
3. In the case of the Throgs Neck bridge project, the Narrows bridge
project and the [Brooklyn-Battery] HUGH L. CAREY tunnel project, the
applicable date shall be the effective date of this subdivision three.
4. A violation of any of the provisions of this section may be
restrained at the suit of the authority.
S 6. The paragraph relating to interstate route connection 518 of
section 340-a of the highway law, as amended by chapter 780 of the laws
of 1975, is amended to read as follows:
Interstate Route Connection 518. West Side highway from Brooklyn-
Queens expressway via [Brooklyn Battery] HUGH L. CAREY tunnel to the
Lincoln tunnel, including a connection from the Lincoln tunnel to West
Seventy-second street. In no event shall traffic by any type of motor
vehicle used for commercial purposes, such as the transportation of
goods, wares and merchandise including trailers and semi-trailers, and
tractors when used in combination with trailers and semi-trailers, and
motor coaches carrying passengers except taxicabs be permitted on this
route north of Fifty-ninth street, and such commercial traffic shall
exit from or enter on this route no further north than the connections
or ramps to this route at Fifty-seventh street.
S 7. Section 349-f of the highway law, as amended by chapter 453 of
the laws of 2008, is amended to read as follows:
S 349-f. New York city routes. The following existing or proposed main
routes or thoroughfares, are designated herein, as aforesaid, viz.:
New England thruway from the Westchester county line to Bruckner
expressway; Bruckner expressway from New England thruway to Robert F.
Kennedy bridge approach; Hutchinson river parkway from the Westchester
county line to the Bronx-Whitestone bridge approach; Bronx river parkway
from the Westchester county line to Bruckner expressway; Henry Hudson
parkway from the Westchester county line to Miller highway excepting the
Henry Hudson bridge, provided that no portion of this route from West
Seventy-second street to the Cross Bronx expressway shall be constructed
or reconstructed so as to encroach in any way on or over any land mapped
or used for park purposes except for such temporary encroachment of no
more than ten feet in width from seventy-third street to seventy-sixth
street as may be essential during and for the purpose of reconstruction
or repair of the existing roadway following which there shall be full
restoration of park land; Major Deegan expressway from the Robert F.
Kennedy bridge to Central Park avenue at the Westchester county line
together with a connection to Broadway and along Broadway to Manhattan
college parkway; Cross Bronx expressway from George Washington bridge
approach to Throgs Neck bridge; Throgs Neck expressway from Bruckner
expressway to Throgs Neck bridge; Arthur V. Sheridan expressway from
Cross-Bronx expressway to Bruckner expressway; Mosholu parkway from
Henry Hudson parkway to Bronx river parkway; Bronx and Pelham parkway
from Bronx river parkway to New England thruway; Boston road from Bronx
and Pelham parkway to New England thruway; Miller highway from Henry
Hudson parkway to the [Brooklyn Battery] HUGH L. CAREY tunnel; and from
[Brooklyn Battery] HUGH L. CAREY tunnel to Brooklyn-Queens expressway;
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Franklin D. Roosevelt drive from the [Brooklyn Battery] HUGH L. CAREY
tunnel to Robert F. Kennedy bridge approach; Harlem river drive from
Robert F. Kennedy bridge approach to George Washington bridge approach;
Belt parkway including Gowanus parkway to Third avenue and Sixtieth
street, Leif Erikson drive to Knapp street, Shore parkway, Belt parkway,
Southern parkway and Cross Island parkway from [Brooklyn Battery] HUGH
L. CAREY tunnel to Bronx-Whitestone bridge approach; Nassau expressway
from Southern parkway to the Nassau county line; Brooklyn-Queens
expressway from Gowanus expressway to Grand Central parkway; Prospect
expressway from Gowanus expressway to Ocean parkway; Ocean parkway from
Prospect expressway to Shore parkway; Interborough parkway from Grand
Central Parkway to Belt parkway; Gowanus expressway from the Verrazano-
Narrows bridge to Third avenue at Gowanus parkway; Third Avenue from
Gowanus expressway to Hamilton avenue; Hamilton Avenue from Third Avenue
to [Brooklyn Battery] HUGH L. CAREY tunnel; Queens boulevard from
Queensborough bridge approach to Van Wyck expressway; Van Wyck express-
way from Whitestone expressway, including a connection to Grand Central
parkway, to John F. Kennedy international airport; Woodhaven boulevard
from Queens boulevard to Cross Bay parkway bridge northerly approach;
Cross Bay parkway from Cross Bay bridge southerly approach to Short
Front parkway; Shore Front parkway from Cross Bay parkway generally
along the shore line of the Atlantic ocean to the Nassau expressway at
the Nassau county line; Queens-Midtown expressway from Queens-Midtown
tunnel approach to Queens Boulevard; Horace Harding expressway from
Queens Boulevard to the Nassau county line; a connection between Brook-
lyn-Queens expressway and Northern boulevard in the vicinity of Grand
Central parkway; Grand Central parkway from Robert F. Kennedy bridge
approach to Nassau county line; Whitestone expressway from Bronx-White-
stone bridge approach to Van Wyck expressway and continuing to Grand
Central parkway; Clearview expressway from Throgs Neck bridge to Nassau
expressway; Richmond parkway from Staten Island expressway to Outer-
bridge crossing approach; Staten Island expressway from Goethals bridge
to the Verrazano-Narrows bridge with a connection to Bayonne bridge;
Willowbrook parkway from Staten Island expressway to Great Kills park;
West Shore expressway from Staten Island expressway to Outerbridge
crossing; Shore Front drive northerly from the terminus of West Shore
expressway at Staten Island expressway, thence generally along the shore
lines of Kill Van Kull, the Narrows, Lower New York bay and Raritan bay
to the approach to Outerbridge crossing.
S 8. Terms occurring in laws, regulations, contracts and other docu-
ments. Whenever Brooklyn Battery tunnel is referred to or designated in
any law, regulation, contract or document, such reference or designation
shall be deemed to refer to Hugh L. Carey tunnel, and no such laws,
regulations, contracts or other documents shall be thereby impaired in
any way.
S 9. The New York state department of transportation, the New York
city department of transportation and the Triborough bridge and tunnel
authority shall provide for the installation and maintenance of adequate
signage in conformance with section two of this act within such time and
in such manner as they shall deem appropriate.
S 10. This act shall take effect immediately.