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

                                    7

                       Third Extraordinary Session

                            I N  S E N A T E

                            December 3, 2010
                               ___________

Introduced by COMMITTEE ON RULES -- (at request of the Governor) -- read
  twice  and  ordered  printed,  and when printed to be committed to the
  Committee on Rules

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:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD12327-02-0

              

S. 7                                2

  (g) a vehicular tunnel or tunnels under construction, known as [Brook-
lyn  Battery] HUGH L. CAREY tunnel, under the East river from the south-
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

S. 7                                3

repainted, after the  applicable  date  hereinafter  specified  in  this
section,  within five hundred feet of the Whitestone bridge project, the
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

S. 7                                4

Hudson parkway to the [Brooklyn Battery] HUGH L.  CAREY tunnel; and from
[Brooklyn  Battery]  HUGH L. CAREY tunnel to Brooklyn-Queens expressway;
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.