A10789 Summary:

BILL NOA10789
 
SAME ASSAME AS S07231
 
SPONSORSilver (MS)
 
COSPNSRBrodsky, Gottfried
 
MLTSPNSRCahill, Canestrari, Clark, Cymbrowitz, Gianaris, Hoyt, Lavine, Nolan, Scarborough, Titone
 
Amd SS553 & 563, Pub Auth L; amd SS13-0341, 13-0343 & 13-0347, En Con L; amd SS340-a, 349-c & 349-f, Hway L
 
Memorializes Robert F. Kennedy by renaming the Triborough bridge as Robert F. Kennedy bridge.
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A10789 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A10789
 
SPONSOR: Silver (MS)
  TITLE OF BILL: An act to amend the public authorities law, the environmental conserva- tion law and the highway law, in relation to memorializing Robert F. Kennedy by renaming the Triborough bridge as Robert F. Kennedy bridge   PURPOSE: This bill acknowledges the great contribution of Robert F. Kennedy to the State of New York and our nation by changing the name of the Tribor- ough Bridge to the Robert F. Kennedy Bridge.   SUMMARY OF PROVISIONS: Section 1 of the bill recites the legislative findings and intent to formally acknowledge the contributions made by Robert F. Kennedy. Sections 2 through 12 of the bill amend the sections of law in which the name "Triborough Bridge" appears in order to rename the bridge - which constitutes a series of spans and associated structures that connect the boroughs of Manhattan, Queens and the Bronx - as the "Robert F. Kennedy Bridge." Section 13 of the bill provides that occurrences of the name "Triborough Bridge" in any laws, regulations, contracts or other documents shall be deemed to be "Robert F. Kennedy Bridge," and that such laws, regu- lations, contracts or other documents shall not be impaired by the change of name caused by this bill. This section does not refer to the Triborough Bridge and Tunnel Authority, which maintains many New York City facilities. Section 14 of the bill addresses issues regarding the signage of the Robert F. Kennedy Bridge, and section 15 provides that the bill becomes effective immediately.   EXISTING LAW: Existing law designates the series of spans and associated structures that connect the boroughs of Manhattan, Queens and the Bronx as the "Triborough Bridge."   STATEMENT IN SUPPORT: Robert F. Kennedy's family moved to New York shortly after his birth in 1925, and maintained a home in Bronxville, New York until 1942, where Robert F. Kennedy attended Bronxville Public School for the third through fifth grades. The State of New York and our entire nation were enriched by Robert F. Kennedy's service as the sixty-fourth Attorney General of the United States, and trusted advisor to the President. As a member of the President's cabinet, Robert F. Kennedy was instrumental in averting untold disaster during the Cuban Missile Crisis of 1962. Kennedy later represented the State of New York in the United States Senate with great distinction, from 1965 until his untimely death in 1968, working tirelessly to improve the lives of New Yorkers, fighting poverty and advancing the civil rights movement. Senator Kennedy's contributions to New York include the formation of the Bedford-Stuyves- ant Restoration Corporation in 1967, the oldest community development corporation in the nation. Common throughout Kennedy's many works was an effort to bridge gaps among persons of diverse racial, ethnic and economic backgrounds. It would thus be appropriate to recognize Robert F. Kennedy, a great New Yorker, in this fortieth year following his tragic assassination, by renaming the Triborough Bridge as the Robert F. Kennedy Bridge.   BUDGET IMPLICATIONS: This legislation will have minimal budgetary impact, owing to the cost of signage.   EFFECTIVE DATE: This bill becomes effective upon enactment.
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A10789 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          10789
 
                   IN ASSEMBLY
 
                                       May 1, 2008
                                       ___________
 
        Introduced  by M. of A. SILVER, BRODSKY, GOTTFRIED -- Multi-Sponsored by
          -- M. of A. CAHILL, CANESTRARI,  CLARK,  CYMBROWITZ,  GIANARIS,  HOYT,
          LAVINE,  NOLAN, SCARBOROUGH, TITONE -- (at request of the Governor) --
          read once and referred to the Committee on Transportation
 
        AN ACT to amend the public authorities law, the environmental  conserva-

          tion  law  and the highway law, in relation to memorializing Robert F.
          Kennedy by renaming the Triborough bridge as Robert F. Kennedy bridge
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  Legislative  findings  and intent. The legislature hereby
     2  recognizes Robert F. Kennedy, in this fortieth year following his tragic
     3  assassination, by naming after him the Triborough bridge, as  a  tribute
     4  befitting  his  historic  contribution  to the State of New York and the
     5  nation. Robert F. Kennedy represented the  State  of  New  York  in  the
     6  United States Senate with great distinction, from 1965 until his untime-
     7  ly  death  in 1968, working tirelessly to improve the lives of New York-
     8  ers, fighting poverty and advancing the civil rights movement. The state

     9  of New York and our entire nation were further  enriched  by  Robert  F.
    10  Kennedy's  prior  service  as  the  sixty-fourth Attorney General of the
    11  United States, and trusted advisor to the President.  Common  throughout
    12  his many works was an effort to bridge the gaps among persons of diverse
    13  racial,  ethnic  and  economic backgrounds. Accordingly, the legislature
    14  hereby names the Triborough bridge - a complex of spans connecting three
    15  boroughs of New York City, thereby bridging the  gaps  dividing  diverse
    16  populations - the Robert F.  Kennedy bridge.
    17    §  2.  Paragraph  (a)  of  subdivision  9 of section 553 of the public
    18  authorities law, as amended by chapter 954  of  the  laws  of  1946,  is
    19  amended to read as follows:
    20    (a)  a  bridge heretofore constructed, known as [Triborough] Robert F.

    21  Kennedy bridge, over the East river from the borough of  Queens  to  the
    22  boroughs  of  Manhattan and the Bronx, over and across Ward's island and
    23  Randall's island in said river, together with  such  incidental  bridges
    24  and  structures  as  shall  be  necessary or convenient in order to give
    25  access from the bridge to both of said islands, together with approaches
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD12056-03-8

        A. 10789                            2
 
     1  to said bridges (herein collectively referred to  as  the  "[Triborough]
     2  Robert F.  Kennedy bridge project"); and

     3    §  3.  Paragraphs  (a) and (b) of subdivision 10 of section 553 of the
     4  public authorities law, as amended by chapter 6 of the laws of 1940, are
     5  amended to read as follows:
     6    (a) in the case of the [Triborough] Robert F. Kennedy  bridge  project
     7  and the Whitestone bridge project to pay to the city not exceeding thir-
     8  ty-five  per  centum  of  the  cost  (including  awards  for damages and
     9  expenses) of the acquisition of land for the widening of existing roads,
    10  streets, parkways or avenues and for new  roads,  streets,  parkways  or
    11  avenues, connecting with the approaches.
    12    (b) to purchase from the persons, partnerships, associations or corpo-
    13  rations  who  were  the  owners of any land acquired for the widening of
    14  existing roads, streets, parkways or avenues or for new roads,  streets,

    15  parkways or avenues connecting with the approaches or of any interest in
    16  such  land  at the date title to such land was vested in the city in any
    17  proceeding heretofore or hereafter instituted for the acquisition there-
    18  of by condemnation, or from their successors in interest or legal repre-
    19  sentatives, their right, title, interest and/or  claim  in  and  to  the
    20  award  or awards or any part thereof to be made in such proceeding after
    21  the date of such purchase, and to take  an  assignment  thereof  to  the
    22  authority,  provided,  however,  that  in  the  case of the [Triborough]
    23  Robert F. Kennedy bridge project and the Whitestone bridge  project  the
    24  aggregate  amount  expended  by  the  authority  on  account of all such
    25  purchases together with the aggregate amount paid to the city in accord-

    26  ance with [item] paragraph (a) of  this  subdivision  [ten],  shall  not
    27  exceed  thirty-five per centum of the cost (including awards for damages
    28  and expenses) of the acquisition of land for the  widening  of  existing
    29  roads,  streets,  parkways or avenues, and for new roads, streets, park-
    30  ways or avenues, connecting with the approaches,
    31    § 4. Subdivision 2 of section 563 of the public  authorities  law,  as
    32  amended  by  chapter  806  of  the  laws  of 1955, is amended to read as
    33  follows:
    34    2. The state of New York does covenant and agree with the  holders  of
    35  any  bonds  issued  after  January first, nineteen hundred forty that no
    36  tunnel, bridge,  parkway,  causeway,  street,  road,  highway  or  other
    37  connection for vehicular traffic (other than one of the projects), which

    38  will  be  competitive  with  the  [Triborough]  Robert F. Kennedy bridge
    39  project or the Whitestone bridge  project  or  the  Throgs  Neck  bridge
    40  project  or  the  Marine parkway bridge project or the Cross Bay parkway
    41  bridge project will be constructed or maintained until the bonds togeth-
    42  er with interest thereon, interest on any unpaid installments of  inter-
    43  est,  and  all  costs  and  expenses  in  connection  with any action or
    44  proceedings by or on behalf  of  the  bondholders,  are  fully  met  and
    45  discharged;  provided  that a tunnel, bridge, parkway, causeway, street,
    46  road, highway or other connection for vehicular traffic shall be consid-
    47  ered as competitive with  the  [Triborough]  Robert  F.  Kennedy  bridge
    48  project  or  Whitestone bridge project or the Throgs Neck bridge project

    49  only if it shall form a connection for vehicular traffic over, under, or
    50  across the East river north of an extension to the east  of  the  center
    51  line  of  Seventy-third street in the borough of Manhattan, and shall be
    52  considered as competitive with the  Marine  parkway  bridge  project  or
    53  Cross  Bay  parkway bridge project only if such tunnel, bridge, parkway,
    54  causeway, street, road, highway or other connection for vehicular  traf-
    55  fic shall form a connection for vehicular traffic with Rockaway peninsu-
    56  la  across  any part of the waters of Jamaica bay or Rockaway inlet west

        A. 10789                            3
 
     1  of seventy-three degrees,  forty-six  minutes  of  west  longitude.  The
     2  covenant  herein  contained  restricting competitive traffic connections
     3  with any project or projects shall be only for the benefit of the  hold-

     4  ers  of  bonds secured in whole or in part by the pledge of the revenues
     5  of such project or projects. All covenants of the state  made  with  the
     6  holders  of  bonds  issued  before  January  first, nineteen hundred and
     7  forty, are hereby confirmed and shall not be affected hereby.
     8    § 5. Subdivision 4 of section 13-0341 of the  environmental  conserva-
     9  tion law, as amended by chapter 546 of the laws of 1981, and such subdi-
    10  vision  as  renumbered  by chapter 17 of the laws of 1994, is amended to
    11  read as follows:
    12    4. In the Harlem River and the East River  east  of  the  [Triborough]
    13  Robert  F.  Kennedy Bridge and in Long Island Sound west of a line drawn
    14  from Hewlett's (King's) Point to the north end of Hart Island, thence to
    15  the south end of Glen Island, and in their adjacent bays, coves,  creeks
    16  and confluent waters.

    17    §  6.  Subdivision 3 of section 13-0343 of the environmental conserva-
    18  tion law, as amended by chapter 546 of the laws of 1981, is  amended  to
    19  read as follows:
    20    3.  In  the  Harlem  River and the East River east of the [Triborough]
    21  Robert F. Kennedy Bridge and in Long Island Sound west of a  line  drawn
    22  from Hewlett's (King's) Point to the north end of Hart Island, thence to
    23  the  south end of Glen Island, and in their adjacent bays, coves, creeks
    24  and confluent waters, only such nets as are used  to  take  lobsters  or
    25  crabs may be used.
    26    §  7.  Subdivision 6 of section 13-0347 of the environmental conserva-
    27  tion law, as amended by chapter 37 of the laws of 2007,  is  amended  to
    28  read as follows:
    29    6.  In  all waters from the [Triborough] Robert F. Kennedy bridge west

    30  through the East River, Harlem River and those portions  of  the  Hudson
    31  River  south of the George Washington bridge to a line drawn from Rocka-
    32  way Point to Romer Shoals lighthouse, no person shall use a net to  take
    33  fish,  except  that  landing  nets  and nets of not more than 10 feet in
    34  length, operated by hand, may be used to take bait and shrimp, and  cast
    35  nets  may  be  used to take Atlantic menhaden and mullets as provided in
    36  subdivision one of section 13-0343 of this title.
    37    § 8. The paragraph relating to  interstate  route  connection  512  of
    38  section  340-a of the highway law, as amended by chapter 470 of the laws
    39  of 1971, is amended to read as follows:
    40    Interstate  Route  Connection  512.  Staten  Island  expressway   from
    41  Goethals  bridge  approach  to Verrazano-Narrows bridge approach, Brook-

    42  lyn-Queens expressway from Verrazano-Narrows bridge  approach  to  Grand
    43  Central  parkway,  Grand Central parkway from Brooklyn-Queens expressway
    44  to [Triborough] Robert F. Kennedy bridge approach, Major Deegan express-
    45  way from [Triborough] Robert F. Kennedy bridge approach to the Westches-
    46  ter county line connecting with interstate route 502.
    47    § 9. The paragraph relating to  interstate  route  connection  516  of
    48  section 340-a of the highway law, as added by chapter 585 of the laws of
    49  1957, is amended to read as follows:
    50    Interstate Route Connection 516. Bruckner expressway from [Triborough]
    51  Robert F. Kennedy bridge approach to Cross-Bronx expressway.
    52    §  10. Subdivision 3.4 of section 349-c of the highway law, as amended
    53  by chapter 468 of the laws of 2006, is amended to read as follows:

    54    3.4. The state shall proceed with the construction  of  a  section  or
    55  sections  of  said system after designs, plans, specifications and esti-
    56  mates of cost thereof have been completed and approved by the  city  and

        A. 10789                            4
 
     1  the  commissioner of transportation, and the necessary property has been
     2  acquired. The city may, however, elect  to  construct  such  section  or
     3  sections  at  its own expense in the manner provided by the city charter
     4  or  otherwise. Upon the completion by the state of a section or sections
     5  of parkways constructed by the state  in  the  city  of  New  York,  the
     6  commissioner  of  transportation shall by official order transfer juris-
     7  diction over the central express artery and adjacent landscape areas and
     8  over adjacent service roads to the city of New York. All such  parkways,

     9  excepting  such service roads shall be maintained by the city department
    10  of transportation as parkways restricted to pleasure vehicles and  with-
    11  out  access except at designated points, except that the city department
    12  of transportation may adopt a rule permitting the use of  a  portion  of
    13  the  Grand  Central  parkway  between the [Triborough] Robert F. Kennedy
    14  bridge and the western leg of the Brooklyn-Queens expressway  by  single
    15  unit  commercial vehicles having no more than three axles and ten tires;
    16  provided further that, contingent upon a fully  executed  memorandum  of
    17  understanding  between  the  New York state department of transportation
    18  and the New York city department of environmental protection,  the  city
    19  department  of transportation may adopt a rule permitting the use of the
    20  Korean War Veterans parkway during the  remediation  of  the  Brookfield

    21  landfill  on  Staten  Island  by  not more than forty-ton motor vehicles
    22  commonly classified as construction trucks owned and/or operated by  the
    23  department  of  environmental  protection  of  the city of New York, its
    24  agents or contractors for the purpose of the remediation of  such  land-
    25  fill,  provided  that  such  trucks  comply with all other provisions of
    26  applicable state and local law. Parkway service roads shall be  open  to
    27  mixed  traffic. Upon the completion of a section or sections of express-
    28  ways including incidental service roads constructed by the state in  the
    29  city  of  New  York,  the  commissioner of transportation shall transfer
    30  jurisdiction to the city of New York. The provisions of this article  in
    31  regard  to design and construction shall apply also to reconstruction of
    32  a section or sections of the state arterial system.

    33    § 11. Subdivision 3.4 of section 349-c of the highway law, as  amended
    34  by chapter 223 of the laws of 2004, is amended to read as follows:
    35    3.4.  The  state  shall  proceed with the construction of a section or
    36  sections of said system after designs, plans, specifications  and  esti-
    37  mates  of  cost thereof have been completed and approved by the city and
    38  the commissioner of transportation, and the necessary property has  been
    39  acquired.  The  city  may,  however,  elect to construct such section or
    40  sections at its own expense in the manner provided by the  city  charter
    41  or  otherwise. Upon the completion by the state of a section or sections
    42  of parkways constructed by the state  in  the  city  of  New  York,  the
    43  commissioner  of  transportation shall by official order transfer juris-
    44  diction over the central express artery and adjacent landscape areas and

    45  over adjacent service roads to the city of New York. All such  parkways,
    46  excepting  such service roads shall be maintained by the city department
    47  of transportation as parkways restricted to pleasure vehicles and  with-
    48  out  access except at designated points, except that the city department
    49  of transportation may adopt a rule permitting the use of  a  portion  of
    50  the  Grand  Central  parkway  between the [Triborough] Robert F. Kennedy
    51  bridge and the western leg of the Brooklyn-Queens expressway  by  single
    52  unit  commercial vehicles having no more than three axles and ten tires.
    53  Parkway  service  roads  shall  be  open  to  mixed  traffic.  Upon  the
    54  completion  of a section or sections of expressways including incidental
    55  service roads constructed by the state in the  city  of  New  York,  the
    56  commissioner  of  transportation shall transfer jurisdiction to the city

        A. 10789                            5
 
     1  of New York. The provisions of this article  in  regard  to  design  and
     2  construction shall apply also to reconstruction of a section or sections
     3  of the state arterial system.
     4    §  12.  Section 349-f of the highway law, as amended by chapter 781 of
     5  the laws of 1975, is amended to read as follows:
     6    § 349-f. New York city routes. The following existing or proposed main
     7  routes or thoroughfares, are designated herein, as aforesaid, viz.:
     8    New England thruway from  the  Westchester  county  line  to  Bruckner
     9  expressway; Bruckner expressway from New England thruway to [Triborough]
    10  Robert  F.  Kennedy  bridge  approach; Hutchinson river parkway from the
    11  Westchester county line to the Bronx-Whitestone bridge  approach;  Bronx

    12  river  parkway  from the Westchester county line to Bruckner expressway;
    13  Henry Hudson parkway from the Westchester county line to Miller  highway
    14  excepting  the  Henry  Hudson  bridge,  provided that no portion of this
    15  route from West Seventy-second street  to  the  Cross  Bronx  expressway
    16  shall be constructed or reconstructed so as to encroach in any way on or
    17  over any land mapped or used for park purposes except for such temporary
    18  encroachment of no more than ten feet in width from seventy-third street
    19  to  seventy-sixth  street as may be essential during and for the purpose
    20  of reconstruction or repair of  the  existing  roadway  following  which
    21  there  shall  be  full restoration of park land; Major Deegan expressway
    22  from the [Triborough] Robert F. Kennedy bridge to Central Park avenue at
    23  the Westchester county line together with a connection to  Broadway  and

    24  along Broadway to Manhattan college parkway; Cross Bronx expressway from
    25  George  Washington  bridge  approach  to Throgs Neck bridge; Throgs Neck
    26  expressway from Bruckner expressway to Throgs  Neck  bridge;  Arthur  V.
    27  Sheridan  expressway from Cross-Bronx expressway to Bruckner expressway;
    28  Mosholu parkway from Henry Hudson parkway to Bronx river parkway;  Bronx
    29  and  Pelham  parkway  from  Bronx  river parkway to New England thruway;
    30  Boston road from Bronx and Pelham parkway to New England thruway; Miller
    31  highway from Henry Hudson parkway to the Brooklyn  Battery  tunnel;  and
    32  from  Brooklyn Battery tunnel to Brooklyn-Queens expressway; Franklin D.
    33  Roosevelt drive from the Brooklyn Battery tunnel to [Triborough]  Robert
    34  F.  Kennedy bridge approach; Harlem river drive from [Triborough] Robert

    35  F. Kennedy bridge approach to George Washington  bridge  approach;  Belt
    36  parkway  including  Gowanus parkway to Third avenue and Sixtieth street,
    37  Leif Erikson drive to Knapp street, Shore parkway, Belt parkway,  South-
    38  ern  parkway  and  Cross  Island parkway from Brooklyn Battery tunnel to
    39  Bronx-Whitestone bridge  [appraoch]  approach;  Nassau  expressway  from
    40  Southern  parkway  to the Nassau county line; Brooklyn-Queens expressway
    41  from Gowanus expressway to Grand Central  parkway;  Prospect  expressway
    42  from  Gowanus  expressway  to Ocean parkway; Ocean parkway from Prospect
    43  expressway to Shore parkway; Interborough  parkway  from  Grand  Central
    44  Parkway  to  Belt parkway; Gowanus expressway from the Verrazano-Narrows
    45  bridge to Third avenue at Gowanus parkway;  Third  Avenue  from  Gowanus

    46  expressway  to  Hamilton  avenue;  Hamilton  Avenue from Third Avenue to
    47  Brooklyn Battery tunnel;  Queens  boulevard  from  Queensborough  bridge
    48  approach  to  Van  Wyck  expressway; Van Wyck expressway from Whitestone
    49  expressway, including a connection to Grand Central parkway, to John  F.
    50  Kennedy international airport; Woodhaven boulevard from Queens boulevard
    51  to  Cross  Bay parkway bridge northerly approach; Cross Bay parkway from
    52  Cross Bay bridge southerly approach to Short Front parkway; Shore  Front
    53  parkway  from  Cross  Bay  parkway generally along the shore line of the
    54  Atlantic ocean to the Nassau  expressway  at  the  Nassau  county  line;
    55  Queens-Midtown  expressway from Queens-Midtown tunnel approach to Queens
    56  Boulevard; Horace Harding expressway from Queens Boulevard to the Nassau

        A. 10789                            6
 

     1  county line; a connection between Brooklyn-Queens expressway and  North-
     2  ern  boulevard  in  the vicinity of Grand Central parkway; Grand Central
     3  parkway from [Triborough] Robert F. Kennedy bridge  approach  to  Nassau
     4  county line; Whitestone expressway from Bronx-Whitestone bridge approach
     5  to  Van  Wyck expressway and continuing to Grand Central parkway; Clear-
     6  view expressway from Throgs Neck bridge to Nassau  expressway;  Richmond
     7  parkway  from Staten Island expressway to Outerbridge crossing approach;
     8  Staten Island expressway from Goethals bridge to  the  Verrazano-Narrows
     9  bridge  with  a  connection  to Bayonne bridge; Willowbrook parkway from
    10  Staten Island expressway to Great Kills park; West Shore expressway from
    11  Staten Island expressway to  Outerbridge  crossing;  Shore  Front  drive
    12  northerly  from  the  terminus of West Shore expressway at Staten Island

    13  expressway, thence generally along the shore lines of Kill Van Kull, the
    14  Narrows, Lower New York bay and Raritan bay to the  approach  to  Outer-
    15  bridge crossing.
    16    §  13. Terms occurring in laws, regulations, contracts and other docu-
    17  ments. Whenever Triborough bridge is referred to or  designated  in  any
    18  law,  regulation,  contract  or  document, such reference or designation
    19  shall be deemed to refer to Robert F. Kennedy bridge, and no such  laws,
    20  regulations,  contracts  or other documents shall be thereby impaired in
    21  any way.
    22    § 14. The New York state department of transportation,  the  New  York
    23  city  department  of transportation and the Triborough bridge and tunnel
    24  authority shall provide for the installation and maintenance of adequate
    25  signage in conformance with section two of this act within such time and
    26  in such manner as they shall deem appropriate.

    27    § 15. This act shall take effect immediately, provided that the amend-
    28  ments to subdivision 3.4 of section 349-c of the  highway  law  made  by
    29  section ten of this act shall be subject to the expiration and reversion
    30  of  such subdivision pursuant to section 2 of chapter 468 of the laws of
    31  2006, as amended, when upon such date the provisions of  section  eleven
    32  of this act shall take effect.
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