Assembly Bill A8196

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8196
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                May 5, 2025
                                ___________
 
 Introduced by M. of A. BERGER -- read once and referred to the Committee
   on Transportation
 
 AN  ACT  to  amend the vehicle and traffic law, in relation to requiring
   local community review and approval prior  to  the  implementation  of
   electric scooter programs and installation of electric scooter infras-
   tructure in cities with a population of one million or more
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The vehicle and traffic law is  amended  by  adding  a  new
 section 1290 to read as follows:
   §  1290.  LOCAL COMMUNITY REVIEW AND APPROVAL PRIOR TO THE IMPLEMENTA-
 TION OF ELECTRIC SCOOTER PROGRAMS AND INSTALLATION OF  ELECTRIC  SCOOTER
 INFRASTRUCTURE  IN  CITIES  WITH A POPULATION OF ONE MILLION OR MORE. 1.
 FOR PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOW-
 ING MEANINGS:
   (A) "ELECTRIC SCOOTER INFRASTRUCTURE" SHALL MEAN, BUT NOT  BE  LIMITED
 TO,  ANY  PHYSICAL  EQUIPMENT  USED  FOR THE PARKING, CHARGING, DOCKING,
 INFORMATION DISSEMINATION, OR OPERATIONAL  SUPPORT  OF  SHARED  ELECTRIC
 SCOOTERS.  PARKING SHALL INCLUDE THE USE OF A PAINTED CORRAL ON A PUBLIC
 STREET OR SIDEWALK.
   (B) "ELECTRIC SCOOTER" SHALL HAVE THE SAME MEANING  AS  SUCH  TERM  IS
 DEFINED PURSUANT TO SECTION ONE HUNDRED FOURTEEN-E OF THIS CHAPTER.
   (C)  "ELECTRIC  SCOOTER  PROGRAM" SHALL MEAN ANY SERVICE OPERATED BY A
 CITY AGENCY, INCLUDING BUT NOT LIMITED TO THE DEPARTMENT OF  TRANSPORTA-
 TION,  OR  A  PRIVATE ORGANIZATION OR ENTITY AUTHORIZED THROUGH CONTRACT
 WITH A CITY AGENCY, OFFERING SHARED  ELECTRIC  SCOOTERS  FOR  SHORT-TERM
 PUBLIC RENTAL.
   2. IN ANY CITY HAVING A POPULATION OF ONE MILLION OR MORE, NO ELECTRIC
 SCOOTER PROGRAM SHALL BE IMPLEMENTED, AND NO PERMANENT OR SEMI-PERMANENT
 ELECTRIC  SCOOTER INFRASTRUCTURE SHALL BE INSTALLED ON ANY STREET, SIDE-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11811-02-5
 A. 8196                             2
              

 
 WALK, OR OTHER PUBLIC SPACE UNLESS THE FOLLOWING  CONDITIONS  HAVE  BEEN
 MET:
   (A) THE PROPOSED PROGRAM OR SITE PLAN HAS BEEN SUBMITTED TO THE COMMU-
 NITY  BOARD,  OR SIMILAR COMMUNITY-BASED ADVISORY BODY WITH JURISDICTION
 OVER THE PROPOSED IMPLEMENTATION AREA, FOR REVIEW; AND
   (B) A PUBLIC HEARING HAS BEEN HELD BY SUCH COMMUNITY  BOARD  OR  BODY,
 AND  A  FORMAL  WRITTEN  RECOMMENDATION  HAS  BEEN ISSUED CONCERNING THE
 PROPOSED PROGRAM OR INSTALLATION.
   3. THE RELEVANT CITY AGENCY, INCLUDING BUT NOT LIMITED TO THE  DEPART-
 MENT  OF  TRANSPORTATION,  SHALL  GIVE  SUBSTANTIAL CONSIDERATION TO THE
 RECOMMENDATION ISSUED PURSUANT TO SUBDIVISION TWO OF THIS SECTION  PRIOR
 TO  APPROVING OR ISSUING ANY PERMIT FOR SUCH PROGRAM OR INSTALLATION. NO
 ELECTRIC SCOOTER PROGRAM OR ASSOCIATED ELECTRIC  SCOOTER  INFRASTRUCTURE
 SHALL  BE  IMPLEMENTED  OR  INSTALLED  IN A DISTRICT WHERE THE COMMUNITY
 BOARD HAS ISSUED A DISAPPROVAL RECOMMENDATION.
   4. THE REQUIREMENTS OF SUBDIVISION TWO OF THIS SECTION SHALL NOT APPLY
 TO EMERGENCY INSTALLATIONS OF ELECTRIC SCOOTER INFRASTRUCTURE  NECESSARY
 TO  ADDRESS  IMMEDIATE  PUBLIC  SAFETY OR TRANSPORTATION NEEDS, PROVIDED
 TIMELY NOTICE IS GIVEN TO THE APPLICABLE COMMUNITY BOARD  AND  ANY  SUCH
 INFRASTRUCTURE IS REMOVED WITHIN NINETY DAYS UNLESS APPROVED PURSUANT TO
 SUBDIVISION TWO OF THIS SECTION.
   5.  ANY  PERMANENT  OR  SEMI-PERMANENT ELECTRIC SCOOTER INFRASTRUCTURE
 THAT WAS INSTALLED WITHIN FIVE YEARS PRIOR TO THE EFFECTIVE DATE OF THIS
 SECTION SHALL BE  SUBJECT  TO  THE  REVIEW  AND  RECOMMENDATION  PROCESS
 DESCRIBED  IN  SUBDIVISION TWO OF THIS SECTION. THE RELEVANT CITY AGENCY
 SHALL SUBMIT SUCH EXISTING INFRASTRUCTURE  FOR  COMMUNITY  BOARD  REVIEW
 WITHIN NINETY DAYS OF THE EFFECTIVE DATE OF THIS SECTION. INFRASTRUCTURE
 NOT  RECEIVING  COMMUNITY  BOARD  APPROVAL  WITHIN NINETY DAYS OF REVIEW
 SHALL BE SUBJECT TO REMOVAL.
   § 2. This act shall take effect immediately.