Senate Bill S6606

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6606
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                               June 18, 2019
                                ___________
 
 Introduced  by  Sen.  LIU  --  read  twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to amend the administrative code of the  city  of  New  York,  in
   relation  to  bicycles  with  electric  assist;  and providing for the
   repeal of such provisions upon expiration thereof

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Legislative intent. The legislature finds and declares that
 traffic  congestion  in  the  city  of New York ranks second worst among
 cities in the United States and third worst among cities in  the  world,
 and results in significant cost to the New York metropolitan area econo-
 my  and  in  turn the state's economy at estimates exceeding one hundred
 billion dollars over the next five years. Travel speeds in the  city  of
 New  York's  central  business district have dropped more than seventeen
 percent in 2016 to an average of 6.8  miles  per  hour  and  in  Midtown
 Manhattan,  the  most  congested  area of the city--the area from fifty-
 ninth street to thirty-fifth street and from ninth avenue  to  the  east
 river--the  average vehicular speed is 4.7 miles per hour. Congestion in
 these areas is crippling and impacts the everyday  lives  of  residents,
 commuters,  taxi and for-hire vehicle traffic, bus transit and emergency
 services, and is a significant contributor to decreased air quality.
   These issues have been recognized by both the Fix NYC  Advisory  Panel
 and the Metropolitan Transportation Sustainability Advisory Workgroup as
 significant  impediments  to everyday New Yorkers. Further, the legisla-
 ture finds that one transportation alternative that can  alleviate  part
 of  this  congestion  is  the use of transportation alternatives such as
 electric assist bicycles for commuting and delivery purposes. The legis-
 lature additionally finds that electric assist bicycles provide a viable
 transportation option among demographics facing barriers to other  modes
 of  transportation,  including  lower-income  riders, female riders, and
 riders of color. The legislature further finds that  thousands  of  food
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD11288-17-9

 S. 6606                             2
 
 delivery  workers  in  New York City rely on electric assist bicycles to
 earn a living wage, and the electric assist bicycles they have relied on
 to earn a living have been disparately impacted by the current interpre-
 tation  of  what constitutes a motor vehicle in New York City.  Further,
 these food delivery workers are routinely fined $500-$1,000 for  use  of
 vehicles that are defined as legal bicycles in other states, in addition
 to having their vehicles discretionarily confiscated.
   In  order  to ensure a safe and efficient public transportation system
 within the city of New York and to protect the  public  welfare  of  New
 York  City's  residents  and  delivery  workers,  ensuring that electric
 assist bicycles can operate pending local regulation  of  the  issue  is
 found to be necessary and to be a matter of substantial state concern.
   §  2.  Section  19-176.2 of the administrative code of the city of New
 York is amended by adding a new subdivision e to read as follows:
   E. PROVIDED FURTHER THAT THE TERM MOTORIZED SCOOTER SHALL NOT  INCLUDE
 ANY  BICYCLE  WITH  ELECTRIC ASSIST AS DEFINED AS A BICYCLE WHICH HAS AN
 ELECTRIC MOTOR OF LESS THAN SEVEN HUNDRED  FIFTY  WATTS,  EQUIPPED  WITH
 OPERABLE  PEDALS,  MEETING  THE EQUIPMENT AND MANUFACTURING REQUIREMENTS
 FOR BICYCLES ADOPTED BY THE CONSUMER PRODUCT SAFETY COMMISSION UNDER  16
 C.F.R.  PART 1512.1 ET SEQ. AND THAT IS NOT CAPABLE OF PROVIDING ASSIST-
 ANCE WHEN SUCH BICYCLE REACHES A SPEED OF TWENTY-FIVE MILES PER HOUR.
   § 3. This act shall take effect immediately and shall  expire  and  be
 deemed  repealed  on the same date as section 1 of a chapter of the laws
 of 2019, amending the vehicle and traffic law relating to bicycles  with
 electric  assist  and  electric scooters and providing for the repeal of
 certain provisions upon the expiration thereof, as proposed in  legisla-
 tive bills numbers S. 5294-A and A. 7431-B, takes effect.