Bill Text: NY S06149 | 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 8-0)

Status: (Introduced - Dead) 2010-03-16 - REPORTED AND COMMITTED TO FINANCE [S06149 Detail]

Download: New_York-2009-S06149-Introduced.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         6149
                              2009-2010 Regular Sessions
                                   I N  S E N A T E
                                    August 31, 2009
                                      ___________
       Introduced  by  Sen.  KLEIN  -- read twice and ordered printed, and when
         printed to be committed to the Committee on Rules
       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
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD14690-03-9
       S. 6149                             2
    1  FIVE HUNDRED VISITORS, ON AVERAGE, EACH MONTH. SUCH INVENTORY OF BICYCLE
    2  PARKING AND STORAGE FACILITIES SHALL BE COMPLETED WITHIN ONE YEAR OF THE
    3  EFFECTIVE  DATE  OF  THE  CHAPTER OF THE LAWS OF TWO THOUSAND NINE WHICH
    4  AMENDED THIS SECTION.
    5    (b)  The commissioner OF GENERAL SERVICES is also authorized, within a
    6  reasonable period and where feasible, to provide suitable support facil-
    7  ities including clothing lockers, showers and changing  facilities,  and
    8  to charge a reasonable use fee.
    9    (c) For the purpose of this section, the term "bicycle parking facili-
   10  ty"  means a device or enclosure, located within a building or installa-
   11  tion, or conveniently  adjacent  thereto,  that  is  easily  accessible,
   12  clearly  visible  and  so  located as to minimize the danger of theft of
   13  bicycles. Such a device shall consist of  a  parking  rack,  locker,  or
   14  other  device constructed to enable the frame and both wheels of a bicy-
   15  cle to be secured with ease by use of a padlock in a  manner  that  will
   16  minimize  the  risk of theft, or an enclosure which limits access to the
   17  bicycles and is under observation by an attendant.
   18    3. UPON COMPLETION OF A STATE  OFFICE  BUILDING  BICYCLE  PARKING  AND
   19  STORAGE  FACILITIES  INVENTORY PROVIDED FOR IN PARAGRAPH (A) OF SUBDIVI-
   20  SION TWO OF THIS SECTION, THE COMMISSIONER  OF  GENERAL  SERVICES  SHALL
   21  DEVELOP  A  PLAN  TO  EXPAND  BICYCLE  PARKING AND STORAGE FACILITIES TO
   22  ENCOURAGE THE USE OF SUCH FACILITIES BY STATE EMPLOYEES AND THE  GENERAL
   23  PUBLIC  THAT  PATRONIZE SUCH FACILITIES TO CONDUCT PUBLIC BUSINESS. SUCH
   24  PLAN SHALL BE COMPLETED WITHIN EIGHTEEN MONTHS AFTER FINALIZATION OF THE
   25  PARKING AND STORAGE FACILITIES INVENTORY. SUCH PLAN  SHALL  CONTAIN  AND
   26  ADDRESS  THE  FOLLOWING  ELEMENTS  TO  ENCOURAGE STATE EMPLOYEES AND THE
   27  GENERAL PUBLIC TO USE BICYCLES MORE  FREQUENTLY  AT  EACH  STATE  OFFICE
   28  BUILDING FACILITY OR LEASED PREMISE:
   29    (A)  THE  INVENTORY OF BICYCLE PARKING AND STORAGE FACILITIES SHALL BE
   30  RANKED FROM HIGHEST TO LOWEST BASED ON THE EXISTING  UNFULFILLED  DEMAND
   31  FOR  SUCH  FACILITIES AT STATE OFFICE BUILDINGS. SUCH RANKING SHALL ALSO
   32  CONSIDER INCREASED FUTURE DEMAND OR THE POTENTIAL FOR  INCREASED  FUTURE
   33  DEMAND OF SUCH PARKING AND STORAGE FACILITIES;
   34    (B)  IN  URBAN  SETTINGS,  THERE  SHALL  BE A PLAN TO DEVELOP AN AMPLE
   35  SUPPLY OF SECURE COVERED AND UNCOVERED OFF-STREET  BICYCLE  PARKING  AND
   36  STORAGE OR ALTERNATE INDOOR PARKING OR STORAGE FOR SUCH BICYCLES;
   37    (C)  ADEQUATE  POSTING  OF SUCH BICYCLE PARKING AND STORAGE FACILITIES
   38  SHALL BE PROVIDED FOR AND  PLACED  AROUND  SUCH  STATE  OFFICE  BUILDING
   39  FACILITY TO ENCOURAGE UTILIZATION OF SUCH PARKING AND STORAGE FACILITIES
   40  BY STATE EMPLOYEES AND THE GENERAL PUBLIC;
   41    (D)  A  MARKETING PLAN AND COMMUNITY OUTREACH EFFORT SHALL PROVIDE FOR
   42  THE DISSEMINATION OF INFORMATION TO STATE EMPLOYEES, VISITORS  TO  STATE
   43  OFFICE  BUILDINGS, AND TO THE GENERAL PUBLIC TO ENCOURAGE INDIVIDUALS TO
   44  USE BICYCLES WHEN TRAVELING TO SUCH BUILDINGS OR FACILITIES; AND
   45    (E) THE COMMISSIONER OF GENERAL SERVICES SHALL INCLUDE AND ADDRESS ANY
   46  OTHER ELEMENT IN THE PLAN AS HE OR SHE DEEMS APPROPRIATE.
   47    [3] 4. In undertaking such [pilot]  program,  the  office  OF  GENERAL
   48  SERVICES  shall:  (a) Consult with and cooperate with (i) [the statewide
   49  bicycle advisory council, (ii)] the New York state department of  trans-
   50  portation  regional  bicycle  coordinator[,  (iii)];  (II) local bicycle
   51  planning groups[,]; and [(iv)] (III) persons, organizations, and  groups
   52  served by, interested in, or concerned with the area under study.
   53    (b)  Request and receive from any department, division, board, bureau,
   54  commission or other agency of the state  or  any  political  subdivision
   55  thereof  or  any  public  authority,  any  assistance and data as may be
       S. 6149                             3
    1  necessary to enable the office OF GENERAL  SERVICES  to  carry  out  its
    2  responsibilities under this section.
    3    [(c)  On  or before the first day of January, nineteen hundred eighty-
    4  nine, a report shall be submitted to the governor  and  the  legislature
    5  which shall include a determination of usage levels, a statement outlin-
    6  ing  first  year  progress  and the elements of a statewide plan for the
    7  provision of such facilities.]
    8    5. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO REQUIRE THE STATE  OF
    9  NEW YORK OR THE OWNER, LESSEE, MANAGER OR OTHER PERSON WHO IS IN CONTROL
   10  OF A BUILDING GOVERNED BY THIS SECTION TO PROVIDE SPACE FOR STORED BICY-
   11  CLES AT SUCH BUILDING OR BROUGHT INTO SUCH BUILDING OR TO PERMIT A BICY-
   12  CLE TO BE PARKED IN A MANNER THAT VIOLATES BUILDING OR FIRE CODES OR ANY
   13  OTHER  APPLICABLE LAW, RULE, OR CODE, OR WHICH OTHERWISE IMPEDES INGRESS
   14  OR EGRESS TO SUCH BUILDING.
   15    6. THERE IS HEREBY ESTABLISHED  A  TEMPORARY  BICYCLE  COMMUTING  TASK
   16  FORCE  TO EXAMINE THE DEVELOPMENT OF SHELTERED BICYCLE PARKING IN PUBLIC
   17  SPACES.
   18    (A) SUCH TASK FORCE SHALL BE COMPRISED OF TEN MEMBERS,  INCLUDING  THE
   19  COMMISSIONER  OF  GENERAL  SERVICES, THE COMMISSIONER OF TRANSPORTATION,
   20  THE COMMISSIONER OF MOTOR VEHICLES, THE COMMISSIONER  OF  BUILDINGS  AND
   21  THE  COMMISSIONER  OF  PARKS  AND  RECREATION  OR A DESIGNEE OF ANY SUCH
   22  COMMISSIONERS. THE REMAINING FIVE MEMBERS SHALL CONSIST OF  A  GROUP  OF
   23  MUNICIPAL   PLANNERS,   BICYCLE  ASSOCIATION  REPRESENTATIVES,  BUILDING
   24  CONTRACTORS AND ENGINEERS.   THEY SHALL BE  APPOINTED  AS  FOLLOWS:  ONE
   25  MEMBER  SHALL BE APPOINTED BY THE TEMPORARY PRESIDENT OF THE SENATE; ONE
   26  MEMBER SHALL BE APPOINTED BY  THE  MAJORITY  CONFERENCE  LEADER  OF  THE
   27  SENATE;  ONE  MEMBER  SHALL  BE  APPOINTED BY THE MINORITY LEADER OF THE
   28  SENATE; ONE MEMBER SHALL BE APPOINTED BY THE SPEAKER  OF  THE  ASSEMBLY;
   29  AND  ONE  MEMBER SHALL BE APPOINTED BY THE MINORITY LEADER OF THE ASSEM-
   30  BLY.
   31    (B) THE CHAIRPERSON OF THE  TEMPORARY  BICYCLE  COMMUTING  TASK  FORCE
   32  SHALL  BE THE COMMISSIONER OF GENERAL SERVICES. MEMBERS OF THE TEMPORARY
   33  BICYCLE COMMUTING TASK FORCE SHALL SERVE WITHOUT COMPENSATION AND  SHALL
   34  MEET WHEN DEEMED NECESSARY BY THE CHAIR.
   35    (C)  WITHIN  EIGHTEEN  MONTHS  OF THE TEMPORARY BICYCLE COMMUTING TASK
   36  FORCE'S ESTABLISHMENT, SUCH TASK FORCE  SHALL  ISSUE  A  REPORT  TO  THE
   37  GOVERNOR  AND  THE STATE LEGISLATURE. SUCH REPORT SHALL INCLUDE, BUT NOT
   38  BE LIMITED TO (I) AN ASSESSMENT OF  THE  DEMAND  FOR  SHELTERED  BICYCLE
   39  PARKING  IN  PUBLIC  SPACES;  (II)  AN  EXAMINATION OF THE MARKETING AND
   40  COMMUNITY OUTREACH EFFORTS NEEDED TO  ENCOURAGE  THE  USE  OF  BICYCLES;
   41  (III)  RECOMMENDATIONS  ON  ESTABLISHING  PARTNERSHIPS  WITH ENTITIES TO
   42  DEVELOP SHELTERED BICYCLE STORAGE AND PARKING FACILITIES IN PUBLIC SPAC-
   43  ES; AND (IV) SUGGESTIONS ON EXPANDING THE OFFICE OF GENERAL SERVICES  TO
   44  LOCAL MUNICIPAL AND PRIVATE OFFICE BUILDINGS. SUCH REPORT SHALL BE POST-
   45  ED  ON  THE  WEBSITE OF EACH STATE AGENCY THAT WAS A MEMBER OF SUCH TASK
   46  FORCE WITHIN TWENTY DAYS FROM ITS SUBMISSION TO THE GOVERNOR. THE TEMPO-
   47  RARY BICYCLE COMMUTING TASK FORCE SHALL  CEASE  TO  EXIST  THREE  MONTHS
   48  AFTER THE ISSUANCE OF ITS REPORT.
   49    S 2. This act shall take effect immediately.
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