NY State Senate Bill 2019-S2238

Archive: Last Bill Status - In Senate Committee Transportation Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
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Delivered to Governor
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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2020	referred to transportation
Jan 23, 2019	referred to transportation

2019-S2238 (ACTIVE) - Details

Current Committee:: Senate Transportation
Law Section:: Transportation Law
Laws Affected:: Add Art 23 §§500 - 507, Transp L
Versions Introduced in Other Legislative Sessions:: 2015-2016: S7399
2017-2018: S4669

2019-S2238 (ACTIVE) - Summary

Requires bicycle access to office buildings; provides that a tenant or subtenant of an office building may request in writing to the department of transportation that the owner, lessee, manager or other person who controls the building complete a bicycle access plan; requires the posting of such completed plan in such building; provides for emergencies and exceptions

2019-S2238 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S2238

SPONSOR: SANDERS
 
TITLE OF BILL:

An act to amend the transportation law, in relation to requiring bicycle
access to office buildings

 
PURPOSE:

To ensure office buildings provide bicycle access plans.

 
SUMMARY OF PROVISIONS:

Section I of the bill amends the transportation law by adding a new
article 23, sections 500 through 507, providing for bicycle access to
office buildings.

Section 500 will establish these provisions apply to certain office
buildings with a freight elevator.

Section 501 provides the tenant or subtenant of a building may request
in writing that the owner or person who controls such building complete
a bicycle access plan.

Section 502 provides where a request for a bicycle access plan has been
properly submitted, the owner or person who controls the building shall
complete and implement the plan within 30 days or provide a copy of the
filed request for an exception. A plan shall include location of
entrances, route to freight elevators that accommodate bicycle access,
route to a designated area for bicycle parking and other information as
may be required by the Department of Transportation. Bicycle access must
be available, at a minimum, during regular operating hours of the
freight elevator. The plan may be amended to accommodate requests from
other tenants.

Section 503 provides for exceptions when the freight elevator is not
available for this use due to substantial safety risks or when there is
sufficient secure alternate covered off-street or indoor no-cost bicycle
parking available on the premises or within three blocks or 750 feet,
whichever is less, to accommodate all tenants or subtenants requesting
bicycle access. If an exception is sought, the Department of Transporta-
tion will conduct an inspection and issue a final determination. If the
exception is denied, a bicycle access plan shall be posted within 20
days.

Section 504 provides bicycles shall not be permitted to be transported
through any means of egress during an emergency, whenever elevator use
is prohibited.

Section 505 provides every owner or person who controls a building
subject to this article shall post in a prominent location easily visi-
ble to tenants each bicycle access plan in effect and any exceptions
that have been granted.

Section 506 provides the Department of Transportation may require bicy-
cle access plans implemented be filed in a timely manner.


Section 507 provides exemptions for providing space for bicycles or
permitting bicycles 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 a building.

Section 2 of the bill provides the effective date.

 
EXISTING LAW:

New Law

 
JUSTIFICATION:

The state should encourage bicycling as a means of transportation, which
promotes both healthy lifestyles and a cleaner environment. If buildings
do not guarantee bicycle access, many would be bicycle users are
discouraged. This is modeled after the New York City legislation.

 
LEGISLATIVE HISTORY:

04/27/16 REFERRED TO TRANSPORTATION

 
FISCAL IMPLICATIONS:

Minimal

 
LOCAL FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
This act shall take effect one year after it shall have become a law;
provided, however, that effective immediately, the addition, amendment
and/or repeal of any rule or regulation necessary for the implementation
of this act on its effective date is authorized and directed to be made
and completed on or before such effective date.

2019-S2238 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2238
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             January 23, 2019
                                ___________
 
 Introduced  by  Sen. SANDERS -- read twice and ordered printed, and when
   printed to be committed to the Committee on Transportation
 
 AN ACT to amend the transportation law, in relation to requiring bicycle
   access to office buildings
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The transportation law is amended by adding a new article
 23 to read as follows:
                                ARTICLE 23
                    BICYCLE ACCESS TO OFFICE BUILDINGS
 SECTION 500. APPLICABILITY.
         501. REQUEST FOR BICYCLE ACCESS.
         502. BICYCLE ACCESS PLAN.
         503. EXCEPTIONS.
         504. EMERGENCIES.
         505. POSTING AND AVAILABILITY OF BICYCLE ACCESS PLAN  OR  LETTER
                OF EXCEPTION.
         506. FILING OF PLAN.
         507. EXEMPTIONS.
   §  500. APPLICABILITY. THIS ARTICLE SHALL APPLY TO BUILDINGS, THE MAIN
 OCCUPANCY OF WHICH IS OFFICES, THAT (I) HAVE  A  FREIGHT  ELEVATOR  THAT
 EITHER COMPLIES WITH ASME 17.1 WITH REGARD TO THE CARRYING OF PASSENGERS
 ON FREIGHT ELEVATORS, OR IS OPERATED BY A FREIGHT ELEVATOR OPERATOR, AND
 (II)  ARE  NOT  SUBJECT  TO  THE  BICYCLE PARKING PROVISIONS OF SECTIONS
 25-80, 36-70 AND 44-60 OF THE ZONING RESOLUTION OF THE CITY OF NEW YORK.
 IT SHALL BE PRESUMED THAT IF A FREIGHT ELEVATOR IS AVAILABLE FOR  CARRY-
 ING FREIGHT, IT IS AVAILABLE FOR CARRYING BICYCLES.
   § 501. REQUEST FOR BICYCLE ACCESS. THE TENANT OR SUBTENANT OF A BUILD-
 ING  TO  WHICH  THIS  ARTICLE IS APPLICABLE MAY REQUEST IN WRITING, ON A
 FORM PROVIDED BY THE DEPARTMENT, THAT  THE  OWNER,  LESSEE,  MANAGER  OR
 OTHER  PERSON  WHO CONTROLS SUCH BUILDING COMPLETE A BICYCLE ACCESS PLAN
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD08164-01-9

 S. 2238                             2
 
 IN ACCORDANCE WITH SECTION  FIVE  HUNDRED  TWO  OF  THIS  ARTICLE.  SUCH
 REQUEST  SHALL BE SENT TO THE OWNER, LESSEE, MANAGER OR OTHER PERSON WHO
 CONTROLS SUCH BUILDING BY CERTIFIED MAIL, RETURN RECEIPT REQUESTED,  AND
 A COPY OF THE REQUEST SHALL BE FILED WITH THE DEPARTMENT.
   §  502.  BICYCLE  ACCESS PLAN. 1. WHERE A REQUEST FOR A BICYCLE ACCESS
 PLAN HAS BEEN SUBMITTED PURSUANT TO THIS  ARTICLE,  THE  OWNER,  LESSEE,
 MANAGER  OR  OTHER PERSON IN CONTROL OF THE BUILDING SHALL WITHIN THIRTY
 DAYS AFTER RECEIPT OF SUCH REQUEST  COMPLETE  AND  IMPLEMENT  A  BICYCLE
 ACCESS  PLAN OR PROVIDE TO THE TENANT OR SUBTENANT A COPY OF THE REQUEST
 FOR AN EXCEPTION THAT HAS BEEN FILED WITH THE DEPARTMENT  IN  ACCORDANCE
 WITH SECTION FIVE HUNDRED THREE OF THIS ARTICLE.
   2.  A PLAN SHALL BE COMPLETED ON A FORM PROVIDED BY THE DEPARTMENT AND
 SHALL INCLUDE, AT A MINIMUM: THE LOCATION OF ENTRANCES; ROUTE TO FREIGHT
 ELEVATORS THAT ACCOMMODATE BICYCLE ACCESS; THE  ROUTE  TO  A  DESIGNATED
 AREA  FOR BICYCLE PARKING ON AN ACCESSIBLE LEVEL IF SUCH BICYCLE PARKING
 IS MADE AVAILABLE; AND SUCH OTHER  INFORMATION  AS  THE  DEPARTMENT  MAY
 REQUIRE.   THE PLAN SHALL PROVIDE THAT BICYCLE ACCESS IS AVAILABLE, AT A
 MINIMUM, DURING THE REGULAR OPERATING HOURS OF THE FREIGHT ELEVATOR,  IF
 SUCH FREIGHT ELEVATOR IS USED FOR BICYCLE ACCESS IN SUCH BUILDING. BICY-
 CLE  ACCESS  SHALL  BE GRANTED TO THE REQUESTING TENANT OR SUBTENANT AND
 ITS EMPLOYEES IN ACCORDANCE WITH SUCH PLAN.
   3. THE PLAN MAY BE AMENDED FROM TIME TO TIME TO  ACCOMMODATE  REQUESTS
 FROM  OTHER  TENANTS OR SUBTENANTS TO PROVIDE BICYCLE ACCESS PURSUANT TO
 THIS ARTICLE.
   § 503. EXCEPTIONS. BICYCLE ACCESS NEED NOT  BE  PROVIDED  PURSUANT  TO
 THIS ARTICLE IF AN OWNER, LESSEE, MANAGER OR OTHER PERSON WHO CONTROLS A
 BUILDING  APPLIES  TO  THE  COMMISSIONER  FOR  AN  EXCEPTION,  ON A FORM
 PROVIDED BY THE DEPARTMENT AND SENT TO THE DEPARTMENT BY CERTIFIED MAIL,
 RETURN RECEIPT REQUESTED, WITHIN FIFTEEN DAYS OF RECEIPT  OF  A  REQUEST
 FOR A BICYCLE ACCESS PLAN, AND CERTIFIES THAT EITHER:
   1.  THE  BUILDING'S  FREIGHT  ELEVATOR  IS  NOT  AVAILABLE FOR THE USE
 DESCRIBED IN THIS ARTICLE BECAUSE UNIQUE CIRCUMSTANCES  EXIST  INVOLVING
 SUBSTANTIAL  SAFETY  RISKS DIRECTLY RELATED TO THE USE OF SUCH ELEVATOR.
 SUCH APPLICATION SHALL  INCLUDE  THE  REASONS  FOR  SUCH  ASSERTION  AND
 SUPPORTING DOCUMENTATION; OR
   2.  THERE  IS SUFFICIENT SECURE ALTERNATE COVERED OFF-STREET OR SUFFI-
 CIENT SECURE ALTERNATE INDOOR NO-COST BICYCLE PARKING AVAILABLE  ON  THE
 PREMISES  OR  WITHIN THREE BLOCKS OR SEVEN HUNDRED FIFTY FEET, WHICHEVER
 IS LESS, OF SUCH BUILDING TO ACCOMMODATE ALL TENANTS  OR  SUBTENANTS  OF
 SUCH  BUILDING REQUESTING BICYCLE ACCESS. SUCH APPLICATION SHALL INCLUDE
 SUPPORTING DOCUMENTATION FOR SUCH ASSERTION, INCLUDING PROOF  THAT  SUCH
 ALTERNATE  OFF-STREET  OR  INDOOR  PARKING  IS AVAILABLE TO OR UNDER THE
 CONTROL OF SUCH OWNER, LESSEE, MANAGER OR OTHER PERSON WHO CONTROLS  THE
 BUILDING.  IF AN EXCEPTION IS SOUGHT FOR THE REASONS SET FORTH IN SUBDI-
 VISION ONE OF THIS SECTION, THE DEPARTMENT SHALL CONDUCT  AN  INSPECTION
 OF  THE BUILDING AND FREIGHT ELEVATOR AND SHALL THEREAFTER ISSUE A FINAL
 DETERMINATION AS TO WHETHER TO GRANT AN EXCEPTION. IF  AN  EXCEPTION  IS
 SOUGHT  FOR  THE  REASONS  SET FORTH IN THIS SUBDIVISION, THE DEPARTMENT
 SHALL THEREAFTER CONDUCT AN INSPECTION OF THE SECURE  ALTERNATE  COVERED
 OFF-STREET  OR  SECURE INDOOR NO-COST BICYCLE PARKING AND THE DEPARTMENT
 SHALL THEREAFTER ISSUE A FINAL DETERMINATION AS TO WHETHER TO  GRANT  AN
 EXCEPTION.  IN  EITHER  EVENT,  A LETTER OF EXCEPTION OR DENIAL SHALL BE
 SENT BY CERTIFIED MAIL, RETURN RECEIPT REQUESTED, TO THE OWNER,  LESSEE,
 MANAGER, OR OTHER PERSON IN CONTROL OF THE BUILDING. IF THE EXCEPTION IS
 DENIED,  A  BICYCLE  ACCESS  PLAN  SHALL BE POSTED WITHIN TWENTY DAYS OF

 S. 2238                             3
 
 RECEIPT OF SUCH DETERMINATION. FAILURE TO TIMELY POST A  BICYCLE  ACCESS
 PLAN SHALL BE CAUSE FOR THE ISSUANCE OF A VIOLATION.
   §  504. EMERGENCIES. IN AN EMERGENCY, WHENEVER ELEVATOR USE IS PROHIB-
 ITED, BICYCLES SHALL NOT BE PERMITTED  TO  BE  TRANSPORTED  THROUGH  ANY
 MEANS OF EGRESS.
   §  505.  POSTING  AND AVAILABILITY OF BICYCLE ACCESS PLAN OR LETTER OF
 EXCEPTION.  1. EVERY OWNER, LESSEE, MANAGER OR OTHER PERSON  IN  CONTROL
 OF A BUILDING SUBJECT TO THIS ARTICLE SHALL EITHER POST IN SUCH BUILDING
 EACH  BICYCLE  ACCESS  PLAN  THAT IS IN EFFECT, NOTIFYING THE REQUESTING
 TENANTS AND SUBTENANTS OF THEIR RIGHT TO BICYCLE  ACCESS  IN  ACCORDANCE
 WITH  SUCH PLAN, OR SHALL POST A NOTICE IN THE BUILDING LOBBY INDICATING
 THAT SUCH PLAN IS AVAILABLE IN THE OFFICE OF THE BUILDING  MANAGER  UPON
 REQUEST.  EITHER  SUCH  POSTING  SHALL  BE  MADE  WITHIN  FIVE  DAYS  OF
 COMPLETION AND IMPLEMENTATION OF SUCH PLAN.
   2. EVERY OWNER, LESSEE, MANAGER OR OTHER PERSON  IN  CONTROL  OF  SUCH
 BUILDING  SHALL POST IN SUCH BUILDING ANY LETTER OF EXCEPTION GRANTED BY
 THE COMMISSIONER, INCLUDING THE BASIS OR BASES FOR THE EXCEPTION AND, IF
 APPLICABLE, THE ROUTE TO ALTERNATE  OFF-STREET  OR  INDOOR  PARKING,  AS
 PROVIDED  IN SECTION FIVE HUNDRED THREE OF THIS ARTICLE, OR SHALL POST A
 NOTICE IN THE BUILDING LOBBY INDICATING THAT SUCH LETTER IS AVAILABLE IN
 THE OFFICE OF THE BUILDING MANAGER UPON  REQUEST.  EITHER  SUCH  POSTING
 SHALL BE MADE WITHIN FIVE DAYS OF RECEIPT OF SUCH LETTER OF EXCEPTION.
   3.  PLANS,  LETTERS  OF EXCEPTION OR NOTICES OF AVAILABILITY OF EITHER
 SHALL BE POSTED IN A PROMINENT LOCATION EASILY VISIBLE TO  A  BUILDING'S
 TENANTS,  SUBTENANTS  AND  THE  BUILDING'S  EMPLOYEES, AND SHALL BE MADE
 AVAILABLE UPON REQUEST BY THE DEPARTMENT OR  AUTHORIZED  REPRESENTATIVES
 OF ANY OTHER STATE OR LOCAL AGENCY.
   §  506.  FILING  OF PLAN. THE DEPARTMENT MAY REQUIRE THAT PLANS IMPLE-
 MENTED PURSUANT TO THE PROVISIONS OF THIS ARTICLE BE FILED IN  A  TIMELY
 MANNER.
   §  507.  EXEMPTIONS.  NOTHING  IN  THIS  ARTICLE SHALL BE CONSTRUED TO
 REQUIRE AN OWNER, LESSEE, MANAGER OR OTHER PERSON WHO IS IN CONTROL OF A
 BUILDING GOVERNED BY THIS ARTICLE TO PROVIDE SPACE FOR BICYCLES  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.
   §  2. This act shall take effect one year after it shall have become a
 law.  Effective immediately, the addition, amendment  and/or  repeal  of
 any  rule  or regulation necessary for the implementation of this act on
 its effective date are authorized to be made and completed on or  before
 such effective date.

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Senate Bill S2238

Sponsored By

Archive: Last Bill Status - In Senate Committee Transportation Committee

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2019-S2238 (ACTIVE) - Details

2019-S2238 (ACTIVE) - Summary

2019-S2238 (ACTIVE) - Sponsor Memo

2019-S2238 (ACTIVE) - Bill Text download pdf

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Sponsored By

James Sanders Jr.

Archive: Last Bill Status - In Senate Committee Transportation Committee

Actions

2019-S2238 (ACTIVE) - Details

2019-S2238 (ACTIVE) - Summary

2019-S2238 (ACTIVE) - Sponsor Memo

2019-S2238 (ACTIVE) - Bill Text download pdf

Comments