S T A T E O F N E W Y O R K
________________________________________________________________________
9363
2025-2026 Regular Sessions
I N A S S E M B L Y
December 19, 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 electric
scooter programs; and to amend the state finance law, in relation to
establishing the street and sidewalk infrastructure fund
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. ELECTRIC SCOOTER PROGRAMS. 1. AS USED IN THIS SECTION, THE
FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
(A) "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 ELECTRIC SCOOTERS FOR SHORT-TERM PUBLIC
RENTAL.
(B) "OPERATOR" SHALL MEAN ANY PERSON, FIRM, CORPORATION, PARTNERSHIP,
ASSOCIATION, OR OTHER ENTITY ENGAGED IN THE BUSINESS OF MANAGING OR
PROVIDING AN ELECTRIC SCOOTER PROGRAM.
2. EACH OPERATOR SHALL REMIT TO THE DEPARTMENT A FEE TO BE DETERMINED
BY THE COMMISSIONER, WHICH SHALL BE DEPOSITED INTO THE STREET AND SIDE-
WALK INFRASTRUCTURE FUND ESTABLISHED PURSUANT TO SECTION NINETY-NINE-TT
OF THE STATE FINANCE LAW.
3. (A) ALL ELECTRIC SCOOTERS IN AN ELECTRIC SCOOTER PROGRAM SHALL BE
REGISTERED ANNUALLY WITH THE DEPARTMENT.
(B) AS PART OF SUCH REGISTRATION REQUIRED PURSUANT TO PARAGRAPH (A) OF
THIS SUBDIVISION, EACH ELECTRIC SCOOTER SHALL BE SUBJECT TO AN ANNUAL
SAFETY INSPECTION, INCLUDING EVALUATION OF MECHANICAL INTEGRITY AND
LITHIUM-ION BATTERY SAFETY STANDARDS.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13835-01-5
A. 9363 2
4. EVERY OPERATOR SHALL MAINTAIN A TWENTY-FOUR HOUR, SEVEN DAY PER
WEEK RESPONSE SYSTEM TO ALLOW REPORTING OF AND PROMPT REMOVAL OF IMPROP-
ERLY PARKED ELECTRIC SCOOTERS.
5. (A) ANY OPERATOR WHO FAILS TO COMPLY WITH THE PROVISIONS OF THIS
SECTION SHALL BE SUBJECT TO CIVIL FINES, AND/OR SUSPENSION OR REVOCATION
OF THEIR REGISTRATION FOR AN ELECTRIC SCOOTER PROGRAM, AS DETERMINED BY
THE COMMISSIONER.
(B) ANY ELECTRIC SCOOTER REPORTED TO BE OBSTRUCTING AN ACCESSIBLE
ROUTE IN VIOLATION OF THE FEDERAL AMERICANS WITH DISABILITIES ACT OF
1990, AS AMENDED (PUBLIC LAW 101-336), TO AN OPERATOR PURSUANT TO SUBDI-
VISION FOUR OF THIS SECTION WHICH IS NOT PROMPTLY REMOVED SHALL BE
SUBJECT TO ENHANCED PENALTIES.
6. THE COMMISSIONER SHALL PROMULGATE ALL RULES AND REGULATIONS NECES-
SARY FOR THE IMPLEMENTATION OF THIS SECTION.
§ 2. The state finance law is amended by adding a new section 99-tt to
read as follows:
§ 99-TT. STREET AND SIDEWALK INFRASTRUCTURE FUND. 1. THERE IS HEREBY
ESTABLISHED IN THE JOINT CUSTODY OF THE COMPTROLLER, THE COMMISSIONER OF
TAXATION AND FINANCE, AND THE COMMISSIONER OF TRANSPORTATION, A FUND TO
BE KNOWN AS THE "STREET AND SIDEWALK INFRASTRUCTURE FUND".
2. SUCH FUND SHALL CONSIST OF MONEYS REQUIRED TO BE DEPOSITED THERETO
PURSUANT TO SECTION TWELVE HUNDRED NINETY OF THE VEHICLE AND TRAFFIC
LAW, AND ALL OTHER MONEYS APPROPRIATED, CREDITED, OR TRANSFERRED THERETO
FROM ANY OTHER FUND OR SOURCE PURSUANT TO LAW. NOTHING CONTAINED IN THIS
SECTION SHALL PREVENT THE STATE FROM RECEIVING GRANTS, GIFTS, OR
BEQUESTS FOR THE PURPOSES OF THE FUND AS DEFINED IN THIS SECTION AND
DEPOSITING THEM INTO THE FUND ACCORDING TO LAW.
3. MONEYS OF THE FUND SHALL BE MADE AVAILABLE TO THE DEPARTMENT OF
TRANSPORTATION FOR PROJECTS SUPPORTING THE REPAIR, MAINTENANCE, AND
IMPROVEMENT OF STREETS, SIDEWALKS, AND RELATED PEDESTRIAN INFRASTRUC-
TURE.
4. THE COMMISSIONER OF TRANSPORTATION SHALL INCLUDE IN THE DEPART-
MENT'S ANNUAL REPORT MADE PURSUANT TO SECTION FOURTEEN OF THE TRANSPOR-
TATION LAW, A SUMMARY OF HOW THE MONEYS OF THE FUND WERE UTILIZED DURING
THE PRECEDING FISCAL YEAR, WHICH SHALL INCLUDE:
(A) THE AMOUNT OF MONEY DISBURSED FROM THE FUND AND THE PROCESS USED
FOR SUCH DISBURSEMENTS;
(B) RECIPIENTS OF AWARDS FROM THE FUND;
(C) THE AMOUNT AWARDED TO EACH; AND
(D) THE PURPOSES FOR WHICH SUCH AWARDS WERE GRANTED.
§ 3. This act shall take effect on the one hundred eightieth day after
it shall have become a law. Effective immediately, the addition, amend-
ment and/or repeal of any rule or regulation necessary for the implemen-
tation of this act on its effective date are authorized to be made and
completed on or before such effective date.