Senate Bill S9055

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9055
 
                             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  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-UU
 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.
   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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD13835-02-6
 S. 9055                             2
 
 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-uu to
 read as follows:
   §  99-UU.  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.