S T A T E O F N E W Y O R K
________________________________________________________________________
7306--A
2015-2016 Regular Sessions
I N A S S E M B L Y
May 5, 2015
___________
Introduced by M. of A. CRESPO -- read once and referred to the Committee
on Governmental Operations -- recommitted to the Committee on Govern-
mental 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] PROGRAM of bicycle parking facilities. 1.
Legislative finding. In recognition of the role which bicycles can serve
as a valuable 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
facilities including the use of present facilities for safe and secure
bicycle parking 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 FACILITIES AT ALL STATE OFFICE
BUILDINGS AND OFFICE BUILDINGS IN WHICH THE STATE LEASES OR OCCUPIES
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03892-04-6
A. 7306--A 2
SPACE. SUCH INVENTORY SHALL BE MADE ONLY OF STATE OWNED OR LEASED BUILD-
INGS OR OFFICES WHICH HAVE OVER FIFTY 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 TWO YEARS OF
THE EFFECTIVE DATE OF THE CHAPTER OF THE LAWS OF TWO THOUSAND SIXTEEN
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 FACILI-
TIES INVENTORY PROVIDED FOR IN PARAGRAPH (A) OF SUBDIVISION TWO OF THIS
SECTION, THE COMMISSIONER OF GENERAL SERVICES SHALL DEVELOP A PLAN TO
EXPAND BICYCLE PARKING 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 FACILITIES INVENTORY. SUCH PLAN
MAY 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 PREMISES:
(A) THE INVENTORY OF BICYCLE PARKING 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 SHOULD BE A PLAN TO DEVELOP AN AMPLE
SUPPLY OF SECURE OFF-STREET BICYCLE PARKING OR ALTERNATE INDOOR PARKING
OR STORAGE FOR SUCH BICYCLES;
(C) ADEQUATE POSTING OF SUCH BICYCLE PARKING FACILITIES SHALL BE
PROVIDED FOR AND PLACED AROUND SUCH STATE OFFICE BUILDING FACILITY TO
ENCOURAGE UTILIZATION OF SUCH PARKING FACILITIES BY STATE EMPLOYEES AND
THE GENERAL PUBLIC;
(D) A MARKETING AND COMMUNITY OUTREACH PLAN SHOULD 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 MAY INCLUDE AND ADDRESS ANY
OTHER ELEMENT IN THE PLAN AS HE OR SHE DEEMS APPROPRIATE.
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 transporta-
tion 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
A. 7306--A 3
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 AND THE COMMISSIONER OF PARKS, RECRE-
ATION AND HISTORIC PRESERVATION OR A DESIGNEE OF ANY SUCH COMMISSIONERS.
THE REMAINING FOUR MEMBERS SHALL CONSIST OF A GROUP OF MUNICIPAL PLAN-
NERS, 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 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 ASSEMBLY.
(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; AND (III)
RECOMMENDATIONS ON ESTABLISHING PARTNERSHIPS WITH ENTITIES TO DEVELOP
BICYCLE PARKING FACILITIES IN PUBLIC SPACES. 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 on the one hundred eightieth day after
it shall have become a law.