Bill Text: NY A09543 | 2009-2010 | General Assembly | Introduced


Bill Title: Provides bicycle access to public office buildings for state employees, contractors and visitors; requires the commissioner of general services to make an inventory of all existing bicycle parking and storage facilities at all state office buildings and office buildings in which the state leases or occupies space.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2010-01-13 - referred to governmental operations [A09543 Detail]

Download: New_York-2009-A09543-Introduced.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         9543
                                 I N  A S S E M B L Y
                                   January 13, 2010
                                      ___________
       Introduced  by  M.  of  A.  WEISENBERG  -- read once and referred to the
         Committee on Governmental Operations
       AN ACT to amend the public buildings law, in relation to bicycle  access
         to public office buildings
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Section 11 of the public buildings law, as added by chapter
    2  819 of the laws of 1987 and subdivision 2 as amended by chapter  126  of
    3  the laws of 1988, is amended to read as follows:
    4    S 11. Pilot  program  of  bicycle parking facilities.   1. Legislative
    5  finding. In recognition of the role which bicycles can serve as a  valu-
    6  able  transportation  mode  with  energy  conservation, health, PHYSICAL
    7  FITNESS and environmental benefits, it is  hereby  declared  to  be  the
    8  policy of the state that provision for adequate and safe bicycle facili-
    9  ties including the use of present facilities for safe and secure bicycle
   10  parking  AND  STORAGE  be  included  in the planning [and], development,
   11  CONSTRUCTION OR RECONSTRUCTION of all state facilities.
   12    2. (a) The commissioner of general services shall undertake a  [pilot]
   13  program for THE provision and promotion of safe and secure bicycle park-
   14  ing  facilities  at state office buildings FOR STATE EMPLOYEES AND VISI-
   15  TORS AT SUCH BUILDINGS. The commissioner[, within one year of the enact-
   16  ment of this  section,]  OF  GENERAL  SERVICES  shall  provide,  at  the
   17  principal  office  buildings  under  his  OR  HER superintendence at the
   18  Nelson A. Rockefeller Empire State Plaza in  Albany,  New  York,  secure
   19  bicycle parking facilities for use by employees and visitors.  PROVIDED,
   20  FURTHER,  THAT THE COMMISSIONER OF GENERAL SERVICES SHALL MAKE AN INVEN-
   21  TORY OF ALL EXISTING BICYCLE PARKING AND STORAGE FACILITIES AT ALL STATE
   22  OFFICE BUILDINGS AND OFFICE BUILDINGS IN WHICH THE STATE LEASES OR OCCU-
   23  PIES SPACE. SUCH INVENTORY SHALL BE MADE ONLY OF STATE OWNED  OR  LEASED
   24  BUILDINGS  OR  OFFICES WHICH HAVE OVER THIRTY STATE EMPLOYEES LOCATED AT
   25  SUCH SITE OR IN WHICH THE VISITATION RATE BY THE GENERAL PUBLIC IS  OVER
   26  FIVE HUNDRED VISITORS, ON AVERAGE, EACH MONTH. SUCH INVENTORY OF BICYCLE
   27  PARKING AND STORAGE FACILITIES SHALL BE COMPLETED WITHIN ONE YEAR OF THE
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD14690-03-9
       A. 9543                             2
    1  EFFECTIVE  DATE  OF  THE  CHAPTER OF THE LAWS OF TWO THOUSAND NINE WHICH
    2  AMENDED THIS SECTION.
    3    (b)  The commissioner OF GENERAL SERVICES is also authorized, within a
    4  reasonable period and where feasible, to provide suitable support facil-
    5  ities including clothing lockers, showers and changing  facilities,  and
    6  to charge a reasonable use fee.
    7    (c) For the purpose of this section, the term "bicycle parking facili-
    8  ty"  means a device or enclosure, located within a building or installa-
    9  tion, or conveniently  adjacent  thereto,  that  is  easily  accessible,
   10  clearly  visible  and  so  located as to minimize the danger of theft of
   11  bicycles. Such a device shall consist of  a  parking  rack,  locker,  or
   12  other  device constructed to enable the frame and both wheels of a bicy-
   13  cle to be secured with ease by use of a padlock in a  manner  that  will
   14  minimize  the  risk of theft, or an enclosure which limits access to the
   15  bicycles and is under observation by an attendant.
   16    3. UPON COMPLETION OF A STATE  OFFICE  BUILDING  BICYCLE  PARKING  AND
   17  STORAGE  FACILITIES  INVENTORY PROVIDED FOR IN PARAGRAPH (A) OF SUBDIVI-
   18  SION TWO OF THIS SECTION, THE COMMISSIONER  OF  GENERAL  SERVICES  SHALL
   19  DEVELOP  A  PLAN  TO  EXPAND  BICYCLE  PARKING AND STORAGE FACILITIES TO
   20  ENCOURAGE THE USE OF SUCH FACILITIES BY STATE EMPLOYEES AND THE  GENERAL
   21  PUBLIC  THAT  PATRONIZE SUCH FACILITIES TO CONDUCT PUBLIC BUSINESS. SUCH
   22  PLAN SHALL BE COMPLETED WITHIN EIGHTEEN MONTHS AFTER FINALIZATION OF THE
   23  PARKING AND STORAGE FACILITIES INVENTORY. SUCH PLAN  SHALL  CONTAIN  AND
   24  ADDRESS  THE  FOLLOWING  ELEMENTS  TO  ENCOURAGE STATE EMPLOYEES AND THE
   25  GENERAL PUBLIC TO USE BICYCLES MORE  FREQUENTLY  AT  EACH  STATE  OFFICE
   26  BUILDING FACILITY OR LEASED PREMISE:
   27    (A)  THE  INVENTORY OF BICYCLE PARKING AND STORAGE FACILITIES SHALL BE
   28  RANKED FROM HIGHEST TO LOWEST BASED ON THE EXISTING  UNFULFILLED  DEMAND
   29  FOR  SUCH  FACILITIES AT STATE OFFICE BUILDINGS. SUCH RANKING SHALL ALSO
   30  CONSIDER INCREASED FUTURE DEMAND OR THE POTENTIAL FOR  INCREASED  FUTURE
   31  DEMAND OF SUCH PARKING AND STORAGE FACILITIES;
   32    (B)  IN  URBAN  SETTINGS,  THERE  SHALL  BE A PLAN TO DEVELOP AN AMPLE
   33  SUPPLY OF SECURE COVERED AND UNCOVERED OFF-STREET  BICYCLE  PARKING  AND
   34  STORAGE OR ALTERNATE INDOOR PARKING OR STORAGE FOR SUCH BICYCLES;
   35    (C)  ADEQUATE  POSTING  OF SUCH BICYCLE PARKING AND STORAGE FACILITIES
   36  SHALL BE PROVIDED FOR AND  PLACED  AROUND  SUCH  STATE  OFFICE  BUILDING
   37  FACILITY TO ENCOURAGE UTILIZATION OF SUCH PARKING AND STORAGE FACILITIES
   38  BY STATE EMPLOYEES AND THE GENERAL PUBLIC;
   39    (D)  A  MARKETING PLAN AND COMMUNITY OUTREACH EFFORT SHALL PROVIDE FOR
   40  THE DISSEMINATION OF INFORMATION TO STATE EMPLOYEES, VISITORS  TO  STATE
   41  OFFICE  BUILDINGS, AND TO THE GENERAL PUBLIC TO ENCOURAGE INDIVIDUALS TO
   42  USE BICYCLES WHEN TRAVELING TO SUCH BUILDINGS OR FACILITIES; AND
   43    (E) THE COMMISSIONER OF GENERAL SERVICES SHALL INCLUDE AND ADDRESS ANY
   44  OTHER ELEMENT IN THE PLAN AS HE OR SHE DEEMS APPROPRIATE.
   45    [3] 4. In undertaking such [pilot]  program,  the  office  OF  GENERAL
   46  SERVICES  shall:  (a) Consult with and cooperate with (i) [the statewide
   47  bicycle advisory council, (ii)] the New York state department of  trans-
   48  portation  regional  bicycle  coordinator[,  (iii)];  (II) local bicycle
   49  planning groups[,]; and [(iv)] (III) persons, organizations, and  groups
   50  served by, interested in, or concerned with the area under study.
   51    (b)  Request and receive from any department, division, board, bureau,
   52  commission or other agency of the state  or  any  political  subdivision
   53  thereof  or  any  public  authority,  any  assistance and data as may be
   54  necessary to enable the office OF GENERAL  SERVICES  to  carry  out  its
   55  responsibilities under this section.
       A. 9543                             3
    1    [(c)  On  or before the first day of January, nineteen hundred eighty-
    2  nine, a report shall be submitted to the governor  and  the  legislature
    3  which shall include a determination of usage levels, a statement outlin-
    4  ing  first  year  progress  and the elements of a statewide plan for the
    5  provision of such facilities.]
    6    5.  NOTHING IN THIS SECTION SHALL BE CONSTRUED TO REQUIRE THE STATE OF
    7  NEW YORK OR THE OWNER, LESSEE, MANAGER OR OTHER PERSON WHO IS IN CONTROL
    8  OF A BUILDING GOVERNED BY THIS SECTION TO PROVIDE SPACE FOR STORED BICY-
    9  CLES AT SUCH BUILDING OR BROUGHT INTO SUCH BUILDING OR TO PERMIT A BICY-
   10  CLE TO BE PARKED IN A MANNER THAT VIOLATES BUILDING OR FIRE CODES OR ANY
   11  OTHER APPLICABLE LAW, RULE, OR CODE, OR WHICH OTHERWISE IMPEDES  INGRESS
   12  OR EGRESS TO SUCH BUILDING.
   13    6.  THERE  IS  HEREBY  ESTABLISHED  A TEMPORARY BICYCLE COMMUTING TASK
   14  FORCE TO EXAMINE THE DEVELOPMENT OF SHELTERED BICYCLE PARKING IN  PUBLIC
   15  SPACES.
   16    (A)  SUCH  TASK FORCE SHALL BE COMPRISED OF TEN MEMBERS, INCLUDING THE
   17  COMMISSIONER OF GENERAL SERVICES, THE  COMMISSIONER  OF  TRANSPORTATION,
   18  THE  COMMISSIONER  OF  MOTOR VEHICLES, THE COMMISSIONER OF BUILDINGS AND
   19  THE COMMISSIONER OF PARKS AND RECREATION  OR  A  DESIGNEE  OF  ANY  SUCH
   20  COMMISSIONERS.  THE  REMAINING  FIVE MEMBERS SHALL CONSIST OF A GROUP OF
   21  MUNICIPAL  PLANNERS,  BICYCLE  ASSOCIATION   REPRESENTATIVES,   BUILDING
   22  CONTRACTORS  AND  ENGINEERS.    THEY  SHALL BE APPOINTED AS FOLLOWS: ONE
   23  MEMBER SHALL BE APPOINTED BY THE TEMPORARY PRESIDENT OF THE SENATE;  ONE
   24  MEMBER  SHALL  BE  APPOINTED  BY  THE  MAJORITY CONFERENCE LEADER OF THE
   25  SENATE; ONE MEMBER SHALL BE APPOINTED BY  THE  MINORITY  LEADER  OF  THE
   26  SENATE;  ONE  MEMBER  SHALL BE APPOINTED BY THE SPEAKER OF THE ASSEMBLY;
   27  AND ONE MEMBER SHALL BE APPOINTED BY THE MINORITY LEADER OF  THE  ASSEM-
   28  BLY.
   29    (B)  THE  CHAIRPERSON  OF  THE  TEMPORARY BICYCLE COMMUTING TASK FORCE
   30  SHALL BE THE COMMISSIONER OF GENERAL SERVICES. MEMBERS OF THE  TEMPORARY
   31  BICYCLE  COMMUTING TASK FORCE SHALL SERVE WITHOUT COMPENSATION AND SHALL
   32  MEET WHEN DEEMED NECESSARY BY THE CHAIR.
   33    (C) WITHIN EIGHTEEN MONTHS OF THE  TEMPORARY  BICYCLE  COMMUTING  TASK
   34  FORCE'S  ESTABLISHMENT,  SUCH  TASK  FORCE  SHALL  ISSUE A REPORT TO THE
   35  GOVERNOR AND THE STATE LEGISLATURE. SUCH REPORT SHALL INCLUDE,  BUT  NOT
   36  BE  LIMITED  TO  (I)  AN  ASSESSMENT OF THE DEMAND FOR SHELTERED BICYCLE
   37  PARKING IN PUBLIC SPACES; (II)  AN  EXAMINATION  OF  THE  MARKETING  AND
   38  COMMUNITY  OUTREACH  EFFORTS  NEEDED  TO  ENCOURAGE THE USE OF BICYCLES;
   39  (III) RECOMMENDATIONS ON  ESTABLISHING  PARTNERSHIPS  WITH  ENTITIES  TO
   40  DEVELOP SHELTERED BICYCLE STORAGE AND PARKING FACILITIES IN PUBLIC SPAC-
   41  ES;  AND (IV) SUGGESTIONS ON EXPANDING THE OFFICE OF GENERAL SERVICES TO
   42  LOCAL MUNICIPAL AND PRIVATE OFFICE BUILDINGS. SUCH REPORT SHALL BE POST-
   43  ED ON THE WEBSITE OF EACH STATE AGENCY THAT WAS A MEMBER  OF  SUCH  TASK
   44  FORCE WITHIN TWENTY DAYS FROM ITS SUBMISSION TO THE GOVERNOR. THE TEMPO-
   45  RARY  BICYCLE  COMMUTING  TASK  FORCE  SHALL CEASE TO EXIST THREE MONTHS
   46  AFTER THE ISSUANCE OF ITS REPORT.
   47    S 2. This act shall take effect immediately.
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