S T A T E O F N E W Y O R K
________________________________________________________________________
3938
2023-2024 Regular Sessions
I N A S S E M B L Y
February 8, 2023
___________
Introduced by M. of A. JACKSON -- read once and referred to the Commit-
tee on Cities
AN ACT to amend the administrative code of the city of New York, in
relation to notification and hearings for proposed construction or
removal of bicycle lanes or racks
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The administrative code of the city of New York is amended
by adding a new section 19-159.7 to read as follows:
§ 19-159.7 NOTIFICATION OF BICYCLE LANE OR RACK CONSTRUCTION OR
REMOVAL. A. DEFINITIONS. AS USED IN THIS SECTION, THE FOLLOWING TERMS
SHALL HAVE THE FOLLOWING MEANINGS:
1. "AFFECTED COUNCIL MEMBER" MEANS THE COUNCIL MEMBER OR MEMBERS WHOSE
DISTRICTS WOULD CONTAIN A PROPOSED BICYCLE LANE OR BICYCLE RACK THAT IS
TO BE CONSTRUCTED OR REMOVED.
2. "AFFECTED COMMUNITY BOARD" MEANS A COMMUNITY BOARD OR BOARDS WHOSE
DISTRICTS WOULD CONTAIN A PROPOSED BICYCLE LANE OR BICYCLE RACK THAT IS
TO BE CONSTRUCTED OR REMOVED.
3. "BICYCLE LANE" MEANS A PORTION OF THE ROADWAY THAT HAS BEEN MARKED
OFF OR SEPARATED FOR THE PREFERENTIAL OR EXCLUSIVE USE OF BICYCLES.
4. "BICYCLE RACK" MEANS A FIXED-IN-PLACE STAND, SOLIDLY ANCHORED TO
THE GROUND OR OTHER FIXED OBJECT, WHICH ALLOWS A BICYCLE TO LEAN AGAINST
IT IN AN UPRIGHT POSITION WITH BOTH WHEELS ON A LEVEL SURFACE.
B. WHEN THE DEPARTMENT INTENDS TO CONSTRUCT OR REMOVE A BICYCLE LANE
OR BICYCLE RACK, THE DEPARTMENT SHALL PROVIDE NOTICE THROUGH ELECTRONIC
AND WRITTEN MEANS TO THE AFFECTED COUNCIL MEMBER OF THE AFFECTED COUNCIL
DISTRICT, THE STATE SENATOR OF THE AFFECTED SENATE DISTRICT, THE MEMBER
OF THE ASSEMBLY OF THE AFFECTED ASSEMBLY DISTRICT AND THE DISTRICT
MANAGER OF THE AFFECTED COMMUNITY BOARD PRIOR TO THE CONSTRUCTION OR
REMOVAL OF SUCH LANE OR RACK. SUCH NOTICE SHALL BE PROVIDED AT LEAST
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07182-01-3
A. 3938 2
NINETY DAYS BEFORE THE DEPARTMENT CONSTRUCTS OR REMOVES SUCH LANE OR
RACK.
C. THE DEPARTMENT SHALL PRESENT ITS PLAN AT A PUBLIC HEARING HELD BY
AN AFFECTED COMMUNITY BOARD WITHIN FORTY-FIVE DAYS OF THE DEPARTMENT
SENDING THE NOTICE REQUIRED UNDER SUBDIVISION B OF THIS SECTION. IF
CHANGES ARE MADE TO SUCH PLAN, IT SHALL PRESENT THE PLAN AGAIN AT A
PUBLIC HEARING WITHIN FORTY-FIVE DAYS. THE COMMUNITY SHALL BE ALLOWED TO
PROVIDE INPUT ON SUCH PLANS AND THE DEPARTMENT SHALL NOT CONSTRUCT OR
REMOVE A BICYCLE LANE OR BICYCLE RACK UNTIL FORTY-FIVE DAYS AFTER THE
FINAL PUBLIC HEARING.
D. THE DEPARTMENT SHALL CONSIDER COMMENTS FROM ANY PUBLIC HEARINGS AND
MAY INCORPORATE CHANGES, WHERE APPROPRIATE, INTO ITS BICYCLE LANE OR
BICYCLE RACK PLAN OR CANCEL PLANS FOR CONSTRUCTION OR REMOVAL OF SUCH
LANE OR RACK IF IT DETERMINES THAT SUCH LANE OR RACK WOULD BE INAPPRO-
PRIATE.
§ 2. This act shall take effect immediately.