Assembly Bill A11280

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   11280
 
                           I N  A S S E M B L Y
 
                                May 5, 2026
                                ___________
 
 Introduced  by  COMMITTEE ON RULES -- (at request of M. of A. Pirozzolo)
   -- read once and referred to the Committee on Economic Development
 
 AN ACT to amend the general business  law,  in  relation  to  protecting
   small  businesses  and  commercial property owners from local mandates
   requiring the replacement of  certain  storefront  security  gates  or
   grilles

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The general business law is amended by adding a new section
 399-ww to read as follows:
   § 399-WW. STOREFRONT SECURITY GATES AND GRILLES. 1. FOR  THE  PURPOSES
 OF THIS SECTION:
   (A)  "EXISTING STOREFRONT SECURITY GATE OR GRILLE" SHALL MEAN A STORE-
 FRONT SECURITY GATE OR GRILLE INSTALLED PRIOR TO JULY FIRST,  TWO  THOU-
 SAND TWENTY-SIX.
   (B)  "LOCAL GOVERNMENT" SHALL MEAN ANY COUNTY, CITY, TOWN, VILLAGE, OR
 ANY AGENCY, DEPARTMENT, BOARD,  BUREAU,  COMMISSION,  OFFICE,  OR  OTHER
 ENTITY THEREOF.
   (C)  "STOREFRONT  SECURITY  GATE  OR  GRILLE" SHALL MEAN ANY ROLL DOWN
 GATE, ROLL DOWN GRILLE, SECURITY GRILLE, METAL GATE, OR SIMILAR  PROTEC-
 TIVE  BARRIER  INSTALLED  AT  OR  NEAR THE EXTERIOR ENTRANCE, WINDOW, OR
 STOREFRONT OF A BUILDING OR PREMISES USED IN WHOLE OR IN PART FOR  BUSI-
 NESS, PROFESSIONAL, COMMERCIAL, RETAIL, OR MERCANTILE PURPOSES.
   2.  NOTWITHSTANDING ANY INCONSISTENT PROVISION OF ANY LOCAL LAW, ORDI-
 NANCE, RULE, REGULATION, BUILDING CODE, CONSTRUCTION  CODE,  ADMINISTRA-
 TIVE  CODE,  OR  POLICY,  NO LOCAL GOVERNMENT SHALL REQUIRE THE OWNER OR
 OPERATOR OF A BUSINESS, OR THE OWNER OF REAL PROPERTY USED IN  WHOLE  OR
 IN  PART  FOR  BUSINESS, PROFESSIONAL, COMMERCIAL, RETAIL, OR MERCANTILE
 PURPOSES, TO REMOVE, REPLACE, ALTER, MODIFY, OR DISCONTINUE THE  USE  OF
 AN  EXISTING STOREFRONT SECURITY GATE OR GRILLE SOLELY ON THE BASIS THAT
 SUCH GATE OR GRILLE DOES NOT SATISFY A REQUIRED PERCENTAGE OF  TRANSPAR-
 ENCY, OPENNESS, VISIBILITY, OR VISUAL ACCESS FROM A SIDEWALK, STREET, OR
 OTHER PUBLIC PLACE.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD15750-01-6
              

 A. 11280                            2
 
   3.  NO  LOCAL  GOVERNMENT SHALL IMPOSE A CIVIL PENALTY, FINE, SUMMONS,
 VIOLATION, PERMIT CONDITION, CERTIFICATE OF CORRECTION  REQUIREMENT,  OR
 OTHER  ENFORCEMENT  ACTION  AGAINST  ANY PERSON OR ENTITY FOR FAILURE TO
 REMOVE, REPLACE, ALTER, MODIFY, OR DISCONTINUE THE USE  OF  AN  EXISTING
 STOREFRONT SECURITY GATE OR GRILLE WHERE SUCH ENFORCEMENT IS BASED SOLE-
 LY ON A REQUIREMENT DESCRIBED IN SUBDIVISION TWO OF THIS SECTION.
   4.  NOTHING  IN  THIS  SECTION  SHALL BE CONSTRUED TO PROHIBIT A LOCAL
 GOVERNMENT FROM ENFORCING LAWS, RULES, REGULATIONS, OR CODES RELATING TO
 FIRE SAFETY, EMERGENCY EGRESS, STRUCTURAL SAFETY,  ACCESSIBILITY,  ELEC-
 TRICAL  SAFETY,  LANDMARK  PRESERVATION,  OR UNSAFE CONDITIONS, PROVIDED
 THAT SUCH ENFORCEMENT IS NOT BASED SOLELY ON THE TRANSPARENCY, OPENNESS,
 VISIBILITY, OR VISUAL ACCESS PERCENTAGE OF AN EXISTING STOREFRONT  SECU-
 RITY GATE OR GRILLE.
   5.   ANY  LOCAL  LAW,  ORDINANCE,  RULE,  REGULATION,  BUILDING  CODE,
 CONSTRUCTION CODE, ADMINISTRATIVE CODE, OR POLICY INCONSISTENT WITH THIS
 SECTION SHALL BE PREEMPTED AND SUPERSEDED TO THE EXTENT OF  SUCH  INCON-
 SISTENCY.
   § 2. This act shall take effect immediately.