S T A T E   O F   N E W   Y O R K
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                                  5304

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            February 22, 2013
                               ___________

Introduced by M. of A. CRESPO -- 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:

  Section 1. Section 11 of the public buildings law, as added by chapter
819  of  the laws of 1987 and subdivision 2 as amended by chapter 126 of
the laws of 1988, is amended to read as follows:
  S 11. Pilot program of bicycle parking  facilities.    1.  Legislative
finding.  In recognition of the role which bicycles can serve as a valu-
able transportation mode  with  energy  conservation,  health,  PHYSICAL
FITNESS  and  environmental  benefits,  it  is hereby declared to be the
policy of the state that provision for adequate and safe bicycle facili-
ties including the use of present facilities for safe and secure bicycle
parking AND STORAGE be included  in  the  planning  [and],  development,
CONSTRUCTION OR RECONSTRUCTION of all state facilities.
  2.  (a) The commissioner of general services shall undertake a [pilot]
program for THE provision and promotion of safe and secure bicycle park-
ing facilities at state office buildings FOR STATE EMPLOYEES  AND  VISI-
TORS AT SUCH BUILDINGS. The commissioner[, within one year of the enact-
ment  of  this  section,]  OF  GENERAL  SERVICES  shall  provide, at the
principal office buildings under  his  OR  HER  superintendence  at  the
Nelson  A.  Rockefeller Empire State Plaza in Albany[, New York], secure
bicycle parking facilities for use by employees and visitors.  PROVIDED,
FURTHER, THAT THE COMMISSIONER OF GENERAL SERVICES SHALL MAKE AN  INVEN-
TORY OF ALL EXISTING BICYCLE PARKING AND STORAGE FACILITIES AT ALL STATE
OFFICE BUILDINGS AND OFFICE BUILDINGS IN WHICH THE STATE LEASES OR OCCU-
PIES  SPACE.  SUCH INVENTORY SHALL BE MADE ONLY OF STATE OWNED OR LEASED
BUILDINGS OR OFFICES WHICH HAVE OVER THIRTY STATE EMPLOYEES  LOCATED  AT
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.
                                                           LBD06596-01-3
              

A. 5304                             2

FIVE HUNDRED VISITORS, ON AVERAGE, EACH MONTH. SUCH INVENTORY OF BICYCLE
PARKING AND STORAGE FACILITIES SHALL BE COMPLETED WITHIN ONE YEAR OF THE
EFFECTIVE DATE OF THE CHAPTER OF THE LAWS OF TWO THOUSAND THIRTEEN WHICH
AMENDED THIS SECTION.
  (b)  The commissioner OF GENERAL SERVICES is also authorized, within a
reasonable period and where feasible, to provide suitable support facil-
ities including clothing lockers, showers and changing  facilities,  and
to charge a reasonable use fee.
  (c) For the purpose of this section, the term "bicycle parking facili-
ty"  means a device or enclosure, located within a building or installa-
tion, or conveniently  adjacent  thereto,  that  is  easily  accessible,
clearly  visible  and  so  located as to minimize the danger of theft of
bicycles. Such a device shall consist of  a  parking  rack,  locker,  or
other  device constructed to enable the frame and both wheels of a bicy-
cle to be secured with ease by use of a padlock in a  manner  that  will
minimize  the  risk of theft, or an enclosure which limits access to the
bicycles and is under observation by an attendant.
  3. UPON COMPLETION OF A STATE  OFFICE  BUILDING  BICYCLE  PARKING  AND
STORAGE  FACILITIES  INVENTORY PROVIDED FOR IN PARAGRAPH (A) OF SUBDIVI-
SION TWO OF THIS SECTION, THE COMMISSIONER  OF  GENERAL  SERVICES  SHALL
DEVELOP  A  PLAN  TO  EXPAND  BICYCLE  PARKING AND STORAGE FACILITIES TO
ENCOURAGE THE USE OF SUCH FACILITIES BY STATE EMPLOYEES AND THE  GENERAL
PUBLIC  THAT  PATRONIZE SUCH FACILITIES TO CONDUCT PUBLIC BUSINESS. SUCH
PLAN SHALL BE COMPLETED WITHIN EIGHTEEN MONTHS AFTER FINALIZATION OF THE
PARKING AND STORAGE FACILITIES INVENTORY. SUCH PLAN  SHALL  CONTAIN  AND
ADDRESS  THE  FOLLOWING  ELEMENTS  TO  ENCOURAGE STATE EMPLOYEES AND THE
GENERAL PUBLIC TO USE BICYCLES MORE  FREQUENTLY  AT  EACH  STATE  OFFICE
BUILDING FACILITY OR LEASED PREMISE:
  (A)  THE  INVENTORY OF BICYCLE PARKING AND STORAGE FACILITIES SHALL BE
RANKED FROM HIGHEST TO LOWEST BASED ON THE EXISTING  UNFULFILLED  DEMAND
FOR  SUCH  FACILITIES AT STATE OFFICE BUILDINGS. SUCH RANKING SHALL ALSO
CONSIDER INCREASED FUTURE DEMAND OR THE POTENTIAL FOR  INCREASED  FUTURE
DEMAND OF SUCH PARKING AND STORAGE FACILITIES;
  (B)  IN  URBAN  SETTINGS,  THERE  SHALL  BE A PLAN TO DEVELOP AN AMPLE
SUPPLY OF SECURE COVERED AND UNCOVERED OFF-STREET  BICYCLE  PARKING  AND
STORAGE OR ALTERNATE INDOOR PARKING OR STORAGE FOR SUCH BICYCLES;
  (C)  ADEQUATE  POSTING  OF SUCH BICYCLE PARKING AND STORAGE FACILITIES
SHALL BE PROVIDED FOR AND  PLACED  AROUND  SUCH  STATE  OFFICE  BUILDING
FACILITY TO ENCOURAGE UTILIZATION OF SUCH PARKING AND STORAGE FACILITIES
BY STATE EMPLOYEES AND THE GENERAL PUBLIC;
  (D)  A  MARKETING PLAN AND COMMUNITY OUTREACH EFFORT SHALL PROVIDE FOR
THE DISSEMINATION OF INFORMATION TO STATE EMPLOYEES, VISITORS  TO  STATE
OFFICE  BUILDINGS, AND TO THE GENERAL PUBLIC TO ENCOURAGE INDIVIDUALS TO
USE BICYCLES WHEN TRAVELING TO SUCH BUILDINGS OR FACILITIES; AND
  (E) THE COMMISSIONER OF GENERAL SERVICES SHALL INCLUDE AND ADDRESS ANY
OTHER ELEMENT IN THE PLAN AS HE OR SHE DEEMS APPROPRIATE.
  4. In undertaking such [pilot] program, the office OF GENERAL SERVICES
shall:  (a) Consult with and cooperate with (i) [the  statewide  bicycle
advisory  council,  (ii)] the [New York state] department of transporta-
tion regional bicycle coordinator[, (iii)]; (II) local bicycle  planning
groups[,];  and  [(iv)]  (III) persons, organizations, and groups served
by, interested in, or concerned with the area under study.
  (b) Request and receive from any department, division, board,  bureau,
commission  or  other  agency  of the state or any political subdivision
thereof or any public authority, any  assistance  and  data  as  may  be

A. 5304                             3

necessary  to  enable  the  office  OF GENERAL SERVICES to carry out its
responsibilities under this section.
  [(c)  On  or before the first day of January, nineteen hundred eighty-
nine, a report shall be submitted to the governor  and  the  legislature
which shall include a determination of usage levels, a statement outlin-
ing  first  year  progress  and the elements of a statewide plan for the
provision of such facilities.]
  5. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO REQUIRE THE STATE  OR
THE OWNER, LESSEE, MANAGER OR OTHER PERSON WHO IS IN CONTROL OF A BUILD-
ING  GOVERNED  BY  THIS  SECTION TO PROVIDE SPACE FOR STORED BICYCLES AT
SUCH BUILDING OR BROUGHT INTO SUCH BUILDING OR TO PERMIT A BICYCLE TO BE
PARKED IN A MANNER THAT VIOLATES BUILDING OR FIRE  CODES  OR  ANY  OTHER
APPLICABLE  LAW,  RULE  OR  CODE,  OR WHICH OTHERWISE IMPEDES INGRESS OR
EGRESS TO SUCH BUILDING.
  6. THERE IS HEREBY ESTABLISHED  A  TEMPORARY  BICYCLE  COMMUTING  TASK
FORCE  TO EXAMINE THE DEVELOPMENT OF SHELTERED BICYCLE PARKING IN PUBLIC
SPACES.
  (A) SUCH TASK FORCE SHALL BE COMPRISED OF NINE MEMBERS, INCLUDING  THE
COMMISSIONER  OF  GENERAL  SERVICES, THE COMMISSIONER OF TRANSPORTATION,
THE COMMISSIONER OF MOTOR VEHICLES, THE COMMISSIONER OF BUILDINGS OF THE
CITY OF NEW YORK AND THE COMMISSIONER  OF  PARKS  AND  RECREATION  OR  A
DESIGNEE  OF  ANY  SUCH  COMMISSIONERS. THE REMAINING FOUR MEMBERS SHALL
CONSIST OF A GROUP OF MUNICIPAL PLANNERS, BICYCLE ASSOCIATION  REPRESEN-
TATIVES, BUILDING CONTRACTORS AND ENGINEERS.  THEY SHALL BE APPOINTED AS
FOLLOWS: ONE MEMBER SHALL BE APPOINTED BY THE TEMPORARY PRESIDENT OF THE
SENATE;  ONE  MEMBER  SHALL  BE  APPOINTED BY THE MINORITY LEADER OF THE
SENATE; ONE MEMBER SHALL BE APPOINTED BY THE SPEAKER  OF  THE  ASSEMBLY;
AND  ONE  MEMBER SHALL BE APPOINTED BY THE MINORITY LEADER OF THE ASSEM-
BLY.
  (B) THE CHAIR OF THE TEMPORARY BICYCLE COMMUTING TASK FORCE  SHALL  BE
THE  COMMISSIONER  OF GENERAL SERVICES. MEMBERS OF THE TEMPORARY BICYCLE
COMMUTING TASK FORCE SHALL SERVE WITHOUT  COMPENSATION  AND  SHALL  MEET
WHEN DEEMED NECESSARY BY THE CHAIR.
  (C)  WITHIN  EIGHTEEN  MONTHS  OF THE TEMPORARY BICYCLE COMMUTING TASK
FORCE'S ESTABLISHMENT, SUCH TASK FORCE  SHALL  ISSUE  A  REPORT  TO  THE
GOVERNOR  AND  THE  LEGISLATURE.  SUCH  REPORT SHALL INCLUDE, BUT NOT BE
LIMITED TO (I) AN ASSESSMENT OF THE DEMAND FOR SHELTERED BICYCLE PARKING
IN PUBLIC SPACES; (II) AN EXAMINATION OF  THE  MARKETING  AND  COMMUNITY
OUTREACH  EFFORTS  NEEDED TO ENCOURAGE THE USE OF BICYCLES; (III) RECOM-
MENDATIONS ON ESTABLISHING PARTNERSHIPS WITH ENTITIES TO  DEVELOP  SHEL-
TERED  BICYCLE STORAGE AND PARKING FACILITIES IN PUBLIC SPACES; AND (IV)
SUGGESTIONS ON EXPANDING THE OFFICE OF GENERAL SERVICES TO LOCAL MUNICI-
PAL AND PRIVATE OFFICE BUILDINGS. SUCH REPORT SHALL  BE  POSTED  ON  THE
WEBSITE OF EACH STATE AGENCY THAT WAS A MEMBER OF SUCH TASK FORCE WITHIN
TWENTY  DAYS  FROM ITS SUBMISSION TO THE GOVERNOR. THE TEMPORARY BICYCLE
COMMUTING TASK FORCE SHALL CEASE TO EXIST THREE MONTHS AFTER  THE  ISSU-
ANCE OF ITS REPORT.
  S 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law.