S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6825
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 20, 2019
                                ___________
 
 Introduced  by M. of A. CRESPO -- Multi-Sponsored by -- M. of A. FAHY --
   read once and referred to the Committee on Governmental Operations
 
 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:
   § 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
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD06346-01-9

 A. 6825                             2
 
 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  NINETEEN
 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
 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.

 A. 6825                             3

   [(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.
   § 2. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.