Senate Bill S9054A

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9054
 
                             I N  S E N A T E
 
                             January 28, 2026
                                ___________
 
 Introduced  by  Sen.  COMRIE -- read twice and ordered printed, and when
   printed to be committed to the Committee on Transportation
 
 AN ACT to amend the vehicle and traffic law, in relation  to  regulating
   electric scooter service platforms
 
   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
 article 34-E to read as follows:
                               ARTICLE 34-E
             REGULATION OF ELECTRIC SCOOTER SERVICE PLATFORMS
 SECTION 1290. DEFINITIONS.
         1291. LIMITATIONS ON LOCATION.
         1292. LIABILITY INSURANCE.
         1293. RULES AND REGULATIONS.
   §  1290.  DEFINITIONS. FOR THE PURPOSES OF THIS ARTICLE, THE FOLLOWING
 TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   1. "CORRAL" MEANS A LOCATION ACCESSIBLE TO THE PUBLIC  DESIGNATED  FOR
 ELECTRIC  SCOOTERS  TO BE PARKED WHEN NOT IN OPERATION ON A TRIP. CORRAL
 SHALL NOT REFER TO A LOCATION WHERE SCOOTERS ARE STORED.
   2. "DIGITAL NETWORK" MEANS ANY ELECTRONIC SYSTEM OR SERVICE OFFERED OR
 UTILIZED BY AN ELECTRIC SCOOTER SERVICE PLATFORM THAT THROUGH THE USE OF
 AN APP ACCESSED THROUGH A PHONE, TABLET, COMPUTER, OR A  DIGITAL  TOKEN,
 DIGITAL KEY, OR SUBSTANTIALLY SIMILAR TECHNOLOGY, ENABLES THE UNLOCKING,
 ACCESS, OPERATION, DOCKING, CHARGING, AND PAYMENT FOR USE OF A SCOOTER.
   3.  "ELECTRIC  SCOOTER  SERVICE PLATFORM" MEANS A PERSON, CORPORATION,
 PARTNERSHIP, SOLE PROPRIETORSHIP, OR OTHER ENTITY OPERATING IN NEW  YORK
 STATE THAT OWNS, LEASES, OR CONTROLS MORE THAN TWO ELECTRIC SCOOTERS AND
 PROVIDES  THEM  FOR  USE BY THE PUBLIC, WHERE ACCESS TO AND OPERATION OF
 SUCH SCOOTERS IS THROUGH USING A DIGITAL NETWORK.
   4. "TRIP" MEANS THE LAWFUL OPERATION OF AN ELECTRIC SCOOTER  OWNED  OR
 CONTROLLED  BY  AN  ELECTRIC  SCOOTER  SERVICE  PLATFORM,  SUBSEQUENT TO
 ACCESSING SUCH ELECTRIC SCOOTER THROUGH A DIGITAL NETWORK.
   § 1291. LIMITATIONS ON LOCATION. 1. NO ELECTRIC SCOOTER  OWNED,  OPER-
 ATED,  OR  CONTROLLED  BY  AN ELECTRIC SCOOTER SERVICE PLATFORM SHALL BE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD14018-01-5
 S. 9054                             2
 
 PLACED ON A PUBLIC STREET AT THE  CONCLUSION  OF  A  TRIP  EXCEPT  IN  A
 CORRAL.
   2.  NO  CORRAL  SHALL BE LOCATED WITHIN FIVE HUNDRED FEET OF A SCHOOL,
 HOUSE OF WORSHIP, LIBRARY, SENIOR CENTER, OR OTHER  AREA  DESIGNATED  AS
 SENSITIVE BY THE COMMISSIONER.
   §  1292.  LIABILITY  INSURANCE.  1. NO ELECTRIC SCOOTER, AS DEFINED IN
 SECTION ONE HUNDRED FOURTEEN-E OF THIS CHAPTER SHALL BE OFFERED FOR  USE
 THROUGH  AN  ELECTRIC SCOOTER SERVICE PLATFORM UNLESS IT IS COVERED BY A
 POLICY OF INSURANCE, IN SUCH LANGUAGE AND FORM AS  SHALL  BE  DETERMINED
 AND ESTABLISHED BY THE SUPERINTENDENT OF FINANCIAL SERVICES. AN ELECTRIC
 SCOOTER  SERVICE PLATFORM, THROUGH A GROUP POLICY, SHALL MAINTAIN INSUR-
 ANCE THAT PROVIDES FINANCIAL RESPONSIBILITY COVERAGE UPON  THE  OPERATOR
 ACCESSING  A  SCOOTER THROUGH A DIGITAL NETWORK AND THROUGHOUT THE DURA-
 TION OF THE OPERATOR'S TRIP.
   2. SUCH POLICY SHALL OFFER COVERAGE OF NO LESS THAN TWENTY-FIVE  THOU-
 SAND  DOLLARS  PER  OCCURRENCE  IN THE EVENT OF AN ACCIDENT INVOLVING AN
 APP-BASED ELECTRIC SCOOTER SERVICE PLATFORM VEHICLE. SUCH COVERAGE SHALL
 BE PRIMARY OVER ANY OTHER COVERAGE. IT MAY BE PROVIDED  INDIVIDUALLY  OR
 ON  A  GROUP  BASIS BY AN AUTHORIZED INSURANCE COMPANY OR THROUGH A DULY
 LICENSED EXCESS LINE BROKER.
   3. SUCH POLICY SHALL  PROVIDE  FOR  COVERAGE  AGAINST  LOSS  FROM  THE
 LIABILITY  IMPOSED  BY LAW FOR MEDICAL PAYMENTS BECAUSE OF BODILY INJURY
 TO OR DEATH OF ANY PERSON; AND INJURY  TO  OR  DESTRUCTION  OF  PROPERTY
 ARISING OUT OF THE OWNERSHIP, MAINTENANCE, USE, OR OPERATION OF AN ELEC-
 TRIC SCOOTER OWNED OR CONTROLLED BY AN ELECTRIC SCOOTER SERVICE PLATFORM
 WHILE  THE  OPERATOR  HAS ACCESSED AN ELECTRIC SCOOTER THROUGH A DIGITAL
 NETWORK AND THROUGHOUT THE DURATION OF THE OPERATOR'S TRIP. SUCH  POLICY
 SHALL  NOT PROVIDE PERSONAL INJURY PROTECTION PURSUANT TO ARTICLE FIFTY-
 ONE OF THE INSURANCE LAW.
   4. PROOF OF INSURANCE AS REQUIRED BY THIS SECTION  SHALL  BE  PRODUCED
 AND  DISPLAYED  BY AN ELECTRIC SCOOTER SERVICE PLATFORM UPON THE REQUEST
 OF ANY PERSON HAVING AUTHORITY TO ENFORCE THE PROVISIONS OF  THIS  CHAP-
 TER.  THE  FAILURE  TO  PRODUCE  SUCH PROOF UPON THE REQUEST OF ANY SUCH
 PERSON SHALL NOT BE AN OFFENSE BUT SHALL BE  PRESUMPTIVE  EVIDENCE  THAT
 SUCH ELECTRIC SCOOTER IS BEING OPERATED WITHOUT HAVING SUCH INSURANCE IN
 FORCE AND EFFECT.
   5.  PROOF  OF  INSURANCE AS REQUIRED BY THIS SECTION SHALL BE PRODUCED
 AND DISPLAYED BY THE OWNER OR OPERATOR OF SUCH ELECTRIC SCOOTER  TO  ANY
 PERSON  WHO  HAS  SUFFERED  OR  CLAIMS TO HAVE SUFFERED EITHER INJURY OR
 PROPERTY DAMAGE AS A RESULT OF THE OPERATION OF SUCH  ELECTRIC  SCOOTER,
 IF  SUCH INSURANCE COVERAGE WAS REQUIRED UNDER THE CIRCUMSTANCES OF SUCH
 OPERATION. IT SHALL BE AN AFFIRMATIVE DEFENSE TO ANY PROSECUTION  FOR  A
 VIOLATION  OF  THIS  SUBDIVISION  THAT  SUCH  PROOF  WAS  SO PRODUCED OR
 DISPLAYED WITHIN TWENTY-FOUR HOURS OF RECEIVING NOTICE OF SUCH INJURY OR
 DAMAGE, OR THE CLAIM OF SUCH INJURY OR DAMAGE.
   § 1293. RULES AND REGULATIONS. THE COMMISSIONER,  FOLLOWING  A  PUBLIC
 HEARING, SHALL PROMULGATE SUCH RULES AND REGULATIONS AS ARE NECESSARY TO
 EFFECTUATE  THE  PROVISIONS OF THIS ARTICLE. IN ADDITION TO ANY REQUIRE-
 MENTS EXPRESSLY AUTHORIZED BY THIS ARTICLE, SUCH REGULATIONS MAY INCLUDE
 BUT NOT BE LIMITED TO GOVERNING THE  PLACEMENT  OF  SCOOTER  CORRALS  IN
 CITIES  WITH  A  POPULATION OVER FIFTY THOUSAND PEOPLE. SUCH REGULATIONS
 SHALL ESTABLISH LIMITS ON THE SPACING,  DENSITY,  AND  TOTAL  NUMBER  OF
 CORRALS IN A GIVEN GEOGRAPHIC AREA. THE COMMISSIONER SHALL BE AUTHORIZED
 TO  PUBLISH  A  LIST OF AREAS DESIGNATED AS SENSITIVE LOCATIONS IN WHICH
 PLACEMENT OF A CORRAL SHALL BE PROHIBITED.
 S. 9054                             3
 
   § 2. 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.