S T A T E O F N E W Y O R K
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5243--A
2011-2012 Regular Sessions
I N A S S E M B L Y
February 14, 2011
___________
Introduced by M. of A. LATIMER -- read once and referred to the Commit-
tee on Governmental Operations -- recommitted to the Committee on
Governmental Operations in accordance with Assembly Rule 3, sec. 2 --
committee discharged, bill amended, ordered reprinted as amended and
recommitted to said committee
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-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04847-03-2
A. 5243--A 2
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
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 TWELVE 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.
A. 5243--A 3
(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
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 OR
THE OWNER, LESSEE, MANAGER OR OTHER PERSON WHO IS IN CONTROL OF A BUILD-
ING GOVERNED BY THIS SECTION TO PROVIDE SPACE FOR STORED BICYCLES AT
SUCH BUILDING OR BROUGHT INTO SUCH BUILDING OR TO PERMIT A BICYCLE 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 NINE MEMBERS, INCLUDING THE
COMMISSIONER OF GENERAL SERVICES, THE COMMISSIONER OF TRANSPORTATION,
THE COMMISSIONER OF MOTOR VEHICLES, THE COMMISSIONER OF BUILDINGS OF THE
CITY OF NEW YORK AND THE COMMISSIONER OF PARKS AND RECREATION OR A
DESIGNEE OF ANY SUCH COMMISSIONERS. THE REMAINING FOUR MEMBERS SHALL
CONSIST OF A GROUP OF MUNICIPAL PLANNERS, BICYCLE ASSOCIATION REPRESEN-
TATIVES, 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 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 CHAIR 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 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) RECOM-
MENDATIONS ON ESTABLISHING PARTNERSHIPS WITH ENTITIES TO DEVELOP SHEL-
TERED BICYCLE STORAGE AND PARKING FACILITIES IN PUBLIC SPACES; AND (IV)
SUGGESTIONS ON EXPANDING THE OFFICE OF GENERAL SERVICES TO LOCAL MUNICI-
PAL AND PRIVATE OFFICE BUILDINGS. SUCH REPORT SHALL BE POSTED 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 TEMPORARY BICYCLE
COMMUTING TASK FORCE SHALL CEASE TO EXIST THREE MONTHS AFTER THE ISSU-
ANCE OF ITS REPORT.
S 2. This act shall take effect immediately.