Bill Text: NY A03938 | 2023-2024 | General Assembly | Introduced


Bill Title: Relates to notification and hearings for proposed construction or removal of bicycle lanes or racks; requires a presentation at a public hearing when the department of transportations proposes to construct or remove a bicycle lane or rack; defines terms.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-01-03 - referred to cities [A03938 Detail]

Download: New_York-2023-A03938-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          3938

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    February 8, 2023
                                       ___________

        Introduced  by M. of A. JACKSON -- read once and referred to the Commit-
          tee on Cities

        AN ACT to amend the administrative code of the  city  of  New  York,  in
          relation  to  notification  and  hearings for proposed construction or
          removal of bicycle lanes or racks

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1. The administrative code of the city of New York is amended
     2  by adding a new section 19-159.7 to read as follows:
     3    § 19-159.7 Notification  of  bicycle  lane  or  rack  construction  or
     4  removal.    a. Definitions. As used in this section, the following terms
     5  shall have the following meanings:
     6    1. "Affected council member" means the council member or members whose
     7  districts would contain a proposed bicycle lane or bicycle rack that  is
     8  to be constructed or removed.
     9    2.  "Affected community board" means a community board or boards whose
    10  districts would contain a proposed bicycle lane or bicycle rack that  is
    11  to be constructed or removed.
    12    3.  "Bicycle lane" means a portion of the roadway that has been marked
    13  off or separated for the preferential or exclusive use of bicycles.
    14    4. "Bicycle rack" means a fixed-in-place stand,  solidly  anchored  to
    15  the ground or other fixed object, which allows a bicycle to lean against
    16  it in an upright position with both wheels on a level surface.
    17    b.  When  the department intends to construct or remove a bicycle lane
    18  or bicycle rack, the department shall provide notice through  electronic
    19  and written means to the affected council member of the affected council
    20  district,  the state senator of the affected senate district, the member
    21  of the assembly of the  affected  assembly  district  and  the  district
    22  manager  of  the  affected  community board prior to the construction or
    23  removal of such lane or rack. Such notice shall  be  provided  at  least

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07182-01-3

        A. 3938                             2

     1  ninety  days  before  the  department constructs or removes such lane or
     2  rack.
     3    c.  The  department shall present its plan at a public hearing held by
     4  an affected community board within forty-five  days  of  the  department
     5  sending  the  notice  required  under  subdivision b of this section. If
     6  changes are made to such plan, it shall present  the  plan  again  at  a
     7  public hearing within forty-five days. The community shall be allowed to
     8  provide  input  on  such plans and the department shall not construct or
     9  remove a bicycle lane or bicycle rack until forty-five  days  after  the
    10  final public hearing.
    11    d. The department shall consider comments from any public hearings and
    12  may  incorporate  changes,  where  appropriate, into its bicycle lane or
    13  bicycle rack plan or cancel plans for construction or  removal  of  such
    14  lane  or  rack if it determines that such lane or rack would be inappro-
    15  priate.
    16    § 2. This act shall take effect immediately.
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