S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  2653

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 21, 2009
                               ___________

Introduced  by  M.  of  A. CUSICK, TOBACCO, HYER-SPENCER, TITONE -- read
  once and referred to the Committee on Transportation

AN ACT to amend the highway law, in  relation  to  transferring  certain
  land  to  the  city of New York department of parks and recreation and
  the department of  environmental  conservation  and  designating  such
  lands as parklands

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01414-01-9
              

A. 2653                             2

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 tunnel; and from Brooklyn Battery
tunnel to Brooklyn-Queens expressway; Franklin D. Roosevelt  drive  from
the Brooklyn Battery 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  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 tunnel; Queens boulevard from  Queensborough  bridge
approach  to  Van  Wyck  expressway; Van Wyck expressway 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 Brooklyn-Queens expressway and  North-
ern  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-Whitestone 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] THE Outerbridge crossing approach TO LA
TOURETTE PARK AT RICHMOND AVENUE; 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 2. All right, title and interest in property as defined in the high-
way law as the Willowbrook Parkway from Victory Boulevard to Great Kills
Park at Hylan Boulevard, shall be  vested  in  the  City  of  New  York,
Department of Parks and Recreation.
  S 3. All right, title and interest in property as defined in the high-
way law as the Richmond Parkway from a point 60 feet south of the Staten
Island  expressway  to  Manor  Road,  shall be vested in the City of New
York, Department of Parks and Recreation.
  S 4. All right, title and interest in property as defined in the high-
way law as the Richmond Parkway from  Manor  Road  to  Richmond  Avenue,
shall  be vested in the City of New York, Department of Parks and Recre-
ation.

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  S 5. The parcels defined in sections two, three and four of  this  act
shall  be  used  for park purposes, shall not be used for transportation
purposes and shall not be sold, leased, exchanged, donated or  otherwise
disposed  of  or  used  for  other than public park purposes without the
express  authority of an act of the legislature, which shall provide for
the substitution of other lands of equal environmental  value  and  fair
market  value and reasonably equivalent usefulness and location to those
to be discontinued, sold or disposed of, and such other requirements  as
shall  be approved by the New York City commissioner of parks and recre-
ation, and the commissioner of the department of environmental conserva-
tion.
  S 6. There shall be set aside a sum of money  equal  to  the  cost  of
constructing  the  parkways  that  are  herein de-mapped, to be used for
highway and road improvement or  transit  purposes  in  the  borough  of
Staten Island, on application of the city of New York, the state depart-
ment of transportation, the metropolitan transportation authority or the
Port  Authority  of  New  York  and  New Jersey, as the case may be. The
projects may include, but shall not be limited to: the  construction  of
turning lanes and intersection improvements at the intersection of Ocean
Terrace  and Todt Hill Road; the extension of the eastbound service road
of the Staten Island Expressway from Manor Road to  Renwick  Avenue;  or
the  construction of a connector from the Korean War Veterans Parkway to
Richmond Avenue.
  S 7. Nothing in this act shall prevent  the  city  of  New  York  from
making  application  to  the  legislature for approval of an exchange of
adjacent property owned by the city of New York of equivalent  size  and
value  on  Rockland Avenue between Brielle Avenue and Richmond Road, for
such improvement of Rockland Avenue as the city of New York may  author-
ize  consistent  with  any  and all land use review and applicable state
law.
  S 8. This act shall take effect immediately.