Bill Text: NY S02238 | 2019-2020 | General Assembly | Introduced
Bill Title: Requires bicycle access to office buildings; provides that a tenant or subtenant of an office building may request in writing to the department of transportation that the owner, lessee, manager or other person who controls the building complete a bicycle access plan; requires the posting of such completed plan in such building; provides for emergencies and exceptions; makes related provisions.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2020-01-08 - REFERRED TO TRANSPORTATION [S02238 Detail]
Download: New_York-2019-S02238-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 2238 2019-2020 Regular Sessions IN SENATE January 23, 2019 ___________ Introduced by Sen. SANDERS -- read twice and ordered printed, and when printed to be committed to the Committee on Transportation AN ACT to amend the transportation law, in relation to requiring bicycle access to office buildings The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The transportation law is amended by adding a new article 2 23 to read as follows: 3 ARTICLE 23 4 BICYCLE ACCESS TO OFFICE BUILDINGS 5 Section 500. Applicability. 6 501. Request for bicycle access. 7 502. Bicycle access plan. 8 503. Exceptions. 9 504. Emergencies. 10 505. Posting and availability of bicycle access plan or letter 11 of exception. 12 506. Filing of plan. 13 507. Exemptions. 14 § 500. Applicability. This article shall apply to buildings, the main 15 occupancy of which is offices, that (i) have a freight elevator that 16 either complies with ASME 17.1 with regard to the carrying of passengers 17 on freight elevators, or is operated by a freight elevator operator, and 18 (ii) are not subject to the bicycle parking provisions of sections 19 25-80, 36-70 and 44-60 of the zoning resolution of the city of New York. 20 It shall be presumed that if a freight elevator is available for carry- 21 ing freight, it is available for carrying bicycles. 22 § 501. Request for bicycle access. The tenant or subtenant of a build- 23 ing to which this article is applicable may request in writing, on a 24 form provided by the department, that the owner, lessee, manager or 25 other person who controls such building complete a bicycle access plan EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD08164-01-9S. 2238 2 1 in accordance with section five hundred two of this article. Such 2 request shall be sent to the owner, lessee, manager or other person who 3 controls such building by certified mail, return receipt requested, and 4 a copy of the request shall be filed with the department. 5 § 502. Bicycle access plan. 1. Where a request for a bicycle access 6 plan has been submitted pursuant to this article, the owner, lessee, 7 manager or other person in control of the building shall within thirty 8 days after receipt of such request complete and implement a bicycle 9 access plan or provide to the tenant or subtenant a copy of the request 10 for an exception that has been filed with the department in accordance 11 with section five hundred three of this article. 12 2. A plan shall be completed on a form provided by the department and 13 shall include, at a minimum: the location of entrances; route to freight 14 elevators that accommodate bicycle access; the route to a designated 15 area for bicycle parking on an accessible level if such bicycle parking 16 is made available; and such other information as the department may 17 require. The plan shall provide that bicycle access is available, at a 18 minimum, during the regular operating hours of the freight elevator, if 19 such freight elevator is used for bicycle access in such building. Bicy- 20 cle access shall be granted to the requesting tenant or subtenant and 21 its employees in accordance with such plan. 22 3. The plan may be amended from time to time to accommodate requests 23 from other tenants or subtenants to provide bicycle access pursuant to 24 this article. 25 § 503. Exceptions. Bicycle access need not be provided pursuant to 26 this article if an owner, lessee, manager or other person who controls a 27 building applies to the commissioner for an exception, on a form 28 provided by the department and sent to the department by certified mail, 29 return receipt requested, within fifteen days of receipt of a request 30 for a bicycle access plan, and certifies that either: 31 1. The building's freight elevator is not available for the use 32 described in this article because unique circumstances exist involving 33 substantial safety risks directly related to the use of such elevator. 34 Such application shall include the reasons for such assertion and 35 supporting documentation; or 36 2. There is sufficient secure alternate covered off-street or suffi- 37 cient secure alternate indoor no-cost bicycle parking available on the 38 premises or within three blocks or seven hundred fifty feet, whichever 39 is less, of such building to accommodate all tenants or subtenants of 40 such building requesting bicycle access. Such application shall include 41 supporting documentation for such assertion, including proof that such 42 alternate off-street or indoor parking is available to or under the 43 control of such owner, lessee, manager or other person who controls the 44 building. If an exception is sought for the reasons set forth in subdi- 45 vision one of this section, the department shall conduct an inspection 46 of the building and freight elevator and shall thereafter issue a final 47 determination as to whether to grant an exception. If an exception is 48 sought for the reasons set forth in this subdivision, the department 49 shall thereafter conduct an inspection of the secure alternate covered 50 off-street or secure indoor no-cost bicycle parking and the department 51 shall thereafter issue a final determination as to whether to grant an 52 exception. In either event, a letter of exception or denial shall be 53 sent by certified mail, return receipt requested, to the owner, lessee, 54 manager, or other person in control of the building. If the exception is 55 denied, a bicycle access plan shall be posted within twenty days ofS. 2238 3 1 receipt of such determination. Failure to timely post a bicycle access 2 plan shall be cause for the issuance of a violation. 3 § 504. Emergencies. In an emergency, whenever elevator use is prohib- 4 ited, bicycles shall not be permitted to be transported through any 5 means of egress. 6 § 505. Posting and availability of bicycle access plan or letter of 7 exception. 1. Every owner, lessee, manager or other person in control 8 of a building subject to this article shall either post in such building 9 each bicycle access plan that is in effect, notifying the requesting 10 tenants and subtenants of their right to bicycle access in accordance 11 with such plan, or shall post a notice in the building lobby indicating 12 that such plan is available in the office of the building manager upon 13 request. Either such posting shall be made within five days of 14 completion and implementation of such plan. 15 2. Every owner, lessee, manager or other person in control of such 16 building shall post in such building any letter of exception granted by 17 the commissioner, including the basis or bases for the exception and, if 18 applicable, the route to alternate off-street or indoor parking, as 19 provided in section five hundred three of this article, or shall post a 20 notice in the building lobby indicating that such letter is available in 21 the office of the building manager upon request. Either such posting 22 shall be made within five days of receipt of such letter of exception. 23 3. Plans, letters of exception or notices of availability of either 24 shall be posted in a prominent location easily visible to a building's 25 tenants, subtenants and the building's employees, and shall be made 26 available upon request by the department or authorized representatives 27 of any other state or local agency. 28 § 506. Filing of plan. The department may require that plans imple- 29 mented pursuant to the provisions of this article be filed in a timely 30 manner. 31 § 507. Exemptions. Nothing in this article shall be construed to 32 require an owner, lessee, manager or other person who is in control of a 33 building governed by this article to provide space for bicycles brought 34 into such building or to permit a bicycle to be parked in a manner that 35 violates building or fire codes or any other applicable law, rule or 36 code, or which otherwise impedes ingress or egress to such building. 37 § 2. This act shall take effect one year after it shall have become a 38 law. Effective immediately, the addition, amendment and/or repeal of 39 any rule or regulation necessary for the implementation of this act on 40 its effective date are authorized to be made and completed on or before 41 such effective date.
