Senate Bill S4330

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4330--A
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             February 7, 2023
                                ___________
 
 Introduced by Sen. SEPULVEDA -- read twice and ordered printed, and when
   printed to be committed to the Committee on Cities 1 -- recommitted to
   the  Committee on Cities 1 in accordance with Senate Rule 6, sec. 8 --
   reported favorably from said committee and committed to the  Committee
   on  Transportation  --  committee  discharged,  bill  amended, ordered
   reprinted as amended and recommitted to said committee
 
 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 19-159.8 to read as follows:
   § 19-159.8 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07182-02-4
              

 S. 4330--A                          2
 
 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
 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.