Senate Bill S6149

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

                                  6149

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             August 31, 2009
                               ___________

Introduced  by  Sen.  KLEIN  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Rules

AN ACT to amend the public buildings law, in relation to bicycle  access
  to public office buildings

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

  Section 1. Section 11 of the public buildings law, as added by chapter
819 of the laws of 1987 and subdivision 2 as amended by chapter  126  of
the laws of 1988, is amended to read as follows:
  S 11. Pilot  program  of  bicycle parking facilities.   1. Legislative
finding. In recognition of the role which bicycles can serve as a  valu-
able  transportation  mode  with  energy  conservation, health, PHYSICAL
FITNESS and environmental benefits, it is  hereby  declared  to  be  the
policy of the state that provision for adequate and safe bicycle facili-
ties including the use of present facilities for safe and secure bicycle
parking  AND  STORAGE  be  included  in the planning [and], development,
CONSTRUCTION OR RECONSTRUCTION of all state facilities.
  2. (a) The commissioner of general services shall undertake a  [pilot]
program for THE provision and promotion of safe and secure bicycle park-
ing  facilities  at state office buildings FOR STATE EMPLOYEES AND VISI-
TORS AT SUCH BUILDINGS. The commissioner[, within one year of the enact-
ment of this  section,]  OF  GENERAL  SERVICES  shall  provide,  at  the
principal  office  buildings  under  his  OR  HER superintendence at the
Nelson A. Rockefeller Empire State Plaza in  Albany,  New  York,  secure
bicycle parking facilities for use by employees and visitors.  PROVIDED,
FURTHER,  THAT THE COMMISSIONER OF GENERAL SERVICES SHALL MAKE AN INVEN-
TORY OF ALL EXISTING BICYCLE PARKING AND STORAGE FACILITIES AT ALL STATE
OFFICE BUILDINGS AND OFFICE BUILDINGS IN WHICH THE STATE LEASES OR OCCU-
PIES SPACE. SUCH INVENTORY SHALL BE MADE ONLY OF STATE OWNED  OR  LEASED
BUILDINGS  OR  OFFICES WHICH HAVE OVER THIRTY STATE EMPLOYEES LOCATED AT
SUCH SITE OR IN WHICH THE VISITATION RATE BY THE GENERAL PUBLIC IS  OVER

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14690-03-9
              

S. 6149                             2

FIVE HUNDRED VISITORS, ON AVERAGE, EACH MONTH. SUCH INVENTORY OF BICYCLE
PARKING AND STORAGE FACILITIES SHALL BE COMPLETED WITHIN ONE YEAR OF THE
EFFECTIVE  DATE  OF  THE  CHAPTER OF THE LAWS OF TWO THOUSAND NINE WHICH
AMENDED THIS SECTION.
  (b)  The commissioner OF GENERAL SERVICES is also authorized, within a
reasonable period and where feasible, to provide suitable support facil-
ities including clothing lockers, showers and changing  facilities,  and
to charge a reasonable use fee.
  (c) For the purpose of this section, the term "bicycle parking facili-
ty"  means a device or enclosure, located within a building or installa-
tion, or conveniently  adjacent  thereto,  that  is  easily  accessible,
clearly  visible  and  so  located as to minimize the danger of theft of
bicycles. Such a device shall consist of  a  parking  rack,  locker,  or
other  device constructed to enable the frame and both wheels of a bicy-
cle to be secured with ease by use of a padlock in a  manner  that  will
minimize  the  risk of theft, or an enclosure which limits access to the
bicycles and is under observation by an attendant.
  3. UPON COMPLETION OF A STATE  OFFICE  BUILDING  BICYCLE  PARKING  AND
STORAGE  FACILITIES  INVENTORY PROVIDED FOR IN PARAGRAPH (A) OF SUBDIVI-
SION TWO OF THIS SECTION, THE COMMISSIONER  OF  GENERAL  SERVICES  SHALL
DEVELOP  A  PLAN  TO  EXPAND  BICYCLE  PARKING AND STORAGE FACILITIES TO
ENCOURAGE THE USE OF SUCH FACILITIES BY STATE EMPLOYEES AND THE  GENERAL
PUBLIC  THAT  PATRONIZE SUCH FACILITIES TO CONDUCT PUBLIC BUSINESS. SUCH
PLAN SHALL BE COMPLETED WITHIN EIGHTEEN MONTHS AFTER FINALIZATION OF THE
PARKING AND STORAGE FACILITIES INVENTORY. SUCH PLAN  SHALL  CONTAIN  AND
ADDRESS  THE  FOLLOWING  ELEMENTS  TO  ENCOURAGE STATE EMPLOYEES AND THE
GENERAL PUBLIC TO USE BICYCLES MORE  FREQUENTLY  AT  EACH  STATE  OFFICE
BUILDING FACILITY OR LEASED PREMISE:
  (A)  THE  INVENTORY OF BICYCLE PARKING AND STORAGE FACILITIES SHALL BE
RANKED FROM HIGHEST TO LOWEST BASED ON THE EXISTING  UNFULFILLED  DEMAND
FOR  SUCH  FACILITIES AT STATE OFFICE BUILDINGS. SUCH RANKING SHALL ALSO
CONSIDER INCREASED FUTURE DEMAND OR THE POTENTIAL FOR  INCREASED  FUTURE
DEMAND OF SUCH PARKING AND STORAGE FACILITIES;
  (B)  IN  URBAN  SETTINGS,  THERE  SHALL  BE A PLAN TO DEVELOP AN AMPLE
SUPPLY OF SECURE COVERED AND UNCOVERED OFF-STREET  BICYCLE  PARKING  AND
STORAGE OR ALTERNATE INDOOR PARKING OR STORAGE FOR SUCH BICYCLES;
  (C)  ADEQUATE  POSTING  OF SUCH BICYCLE PARKING AND STORAGE FACILITIES
SHALL BE PROVIDED FOR AND  PLACED  AROUND  SUCH  STATE  OFFICE  BUILDING
FACILITY TO ENCOURAGE UTILIZATION OF SUCH PARKING AND STORAGE FACILITIES
BY STATE EMPLOYEES AND THE GENERAL PUBLIC;
  (D)  A  MARKETING PLAN AND COMMUNITY OUTREACH EFFORT SHALL PROVIDE FOR
THE DISSEMINATION OF INFORMATION TO STATE EMPLOYEES, VISITORS  TO  STATE
OFFICE  BUILDINGS, AND TO THE GENERAL PUBLIC TO ENCOURAGE INDIVIDUALS TO
USE BICYCLES WHEN TRAVELING TO SUCH BUILDINGS OR FACILITIES; AND
  (E) THE COMMISSIONER OF GENERAL SERVICES SHALL INCLUDE AND ADDRESS ANY
OTHER ELEMENT IN THE PLAN AS HE OR SHE DEEMS APPROPRIATE.
  [3] 4. In undertaking such [pilot]  program,  the  office  OF  GENERAL
SERVICES  shall:  (a) Consult with and cooperate with (i) [the statewide
bicycle advisory council, (ii)] the New York state department of  trans-
portation  regional  bicycle  coordinator[,  (iii)];  (II) local bicycle
planning groups[,]; and [(iv)] (III) persons, organizations, and  groups
served by, interested in, or concerned with the area under study.
  (b)  Request and receive from any department, division, board, bureau,
commission or other agency of the state  or  any  political  subdivision
thereof  or  any  public  authority,  any  assistance and data as may be

S. 6149                             3

necessary to enable the office OF GENERAL  SERVICES  to  carry  out  its
responsibilities under this section.
  [(c)  On  or before the first day of January, nineteen hundred eighty-
nine, a report shall be submitted to the governor  and  the  legislature
which shall include a determination of usage levels, a statement outlin-
ing  first  year  progress  and the elements of a statewide plan for the
provision of such facilities.]
  5. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO REQUIRE THE STATE  OF
NEW YORK OR THE OWNER, LESSEE, MANAGER OR OTHER PERSON WHO IS IN CONTROL
OF A BUILDING GOVERNED BY THIS SECTION TO PROVIDE SPACE FOR STORED BICY-
CLES AT SUCH BUILDING OR BROUGHT INTO SUCH BUILDING OR TO PERMIT A BICY-
CLE TO BE PARKED IN A MANNER THAT VIOLATES BUILDING OR FIRE CODES OR ANY
OTHER  APPLICABLE LAW, RULE, OR CODE, OR WHICH OTHERWISE IMPEDES INGRESS
OR EGRESS TO SUCH BUILDING.
  6. THERE IS HEREBY ESTABLISHED  A  TEMPORARY  BICYCLE  COMMUTING  TASK
FORCE  TO EXAMINE THE DEVELOPMENT OF SHELTERED BICYCLE PARKING IN PUBLIC
SPACES.
  (A) SUCH TASK FORCE SHALL BE COMPRISED OF TEN MEMBERS,  INCLUDING  THE
COMMISSIONER  OF  GENERAL  SERVICES, THE COMMISSIONER OF TRANSPORTATION,
THE COMMISSIONER OF MOTOR VEHICLES, THE COMMISSIONER  OF  BUILDINGS  AND
THE  COMMISSIONER  OF  PARKS  AND  RECREATION  OR A DESIGNEE OF ANY SUCH
COMMISSIONERS. THE REMAINING FIVE MEMBERS SHALL CONSIST OF  A  GROUP  OF
MUNICIPAL   PLANNERS,   BICYCLE  ASSOCIATION  REPRESENTATIVES,  BUILDING
CONTRACTORS AND ENGINEERS.   THEY SHALL BE  APPOINTED  AS  FOLLOWS:  ONE
MEMBER  SHALL BE APPOINTED BY THE TEMPORARY PRESIDENT OF THE SENATE; ONE
MEMBER SHALL BE APPOINTED BY  THE  MAJORITY  CONFERENCE  LEADER  OF  THE
SENATE;  ONE  MEMBER  SHALL  BE  APPOINTED BY THE MINORITY LEADER OF THE
SENATE; ONE MEMBER SHALL BE APPOINTED BY THE SPEAKER  OF  THE  ASSEMBLY;
AND  ONE  MEMBER SHALL BE APPOINTED BY THE MINORITY LEADER OF THE ASSEM-
BLY.
  (B) THE CHAIRPERSON OF THE  TEMPORARY  BICYCLE  COMMUTING  TASK  FORCE
SHALL  BE THE COMMISSIONER OF GENERAL SERVICES. MEMBERS OF THE TEMPORARY
BICYCLE COMMUTING TASK FORCE SHALL SERVE WITHOUT COMPENSATION AND  SHALL
MEET WHEN DEEMED NECESSARY BY THE CHAIR.
  (C)  WITHIN  EIGHTEEN  MONTHS  OF THE TEMPORARY BICYCLE COMMUTING TASK
FORCE'S ESTABLISHMENT, SUCH TASK FORCE  SHALL  ISSUE  A  REPORT  TO  THE
GOVERNOR  AND  THE STATE LEGISLATURE. SUCH REPORT SHALL INCLUDE, BUT NOT
BE LIMITED TO (I) AN ASSESSMENT OF  THE  DEMAND  FOR  SHELTERED  BICYCLE
PARKING  IN  PUBLIC  SPACES;  (II)  AN  EXAMINATION OF THE MARKETING AND
COMMUNITY OUTREACH EFFORTS NEEDED TO  ENCOURAGE  THE  USE  OF  BICYCLES;
(III)  RECOMMENDATIONS  ON  ESTABLISHING  PARTNERSHIPS  WITH ENTITIES TO
DEVELOP SHELTERED BICYCLE STORAGE AND PARKING FACILITIES IN PUBLIC SPAC-
ES; AND (IV) SUGGESTIONS ON EXPANDING THE OFFICE OF GENERAL SERVICES  TO
LOCAL MUNICIPAL AND PRIVATE OFFICE BUILDINGS. SUCH REPORT SHALL BE POST-
ED  ON  THE  WEBSITE OF EACH STATE AGENCY THAT WAS A MEMBER OF SUCH TASK
FORCE WITHIN TWENTY DAYS FROM ITS SUBMISSION TO THE GOVERNOR. THE TEMPO-
RARY BICYCLE COMMUTING TASK FORCE SHALL  CEASE  TO  EXIST  THREE  MONTHS
AFTER THE ISSUANCE OF ITS REPORT.
  S 2. This act shall take effect immediately.