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

                                 1942--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            January 15, 2015
                               ___________

Introduced by Sens. KLEIN, KRUEGER, MONTGOMERY, SAVINO -- read twice and
  ordered  printed, and when printed to be committed to the Committee on
  Investigations and Government Operations -- recommitted to the Commit-
  tee on Investigations and Government  Operations  in  accordance  with
  Senate  Rule  6, sec. 8 -- committee discharged, bill amended, ordered
  reprinted as amended and recommitted to said committee

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]  PROGRAM  of  bicycle  parking facilities.   1.
Legislative finding. In recognition of the role which bicycles can serve
as a valuable 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
facilities including the use of present facilities for safe  and  secure
bicycle   parking  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  FACILITIES  AT  ALL  STATE  OFFICE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03892-03-6
              

S. 1942--A                          2

BUILDINGS  AND  OFFICE  BUILDINGS  IN WHICH THE STATE LEASES OR OCCUPIES
SPACE. SUCH INVENTORY SHALL BE MADE ONLY OF STATE OWNED OR LEASED BUILD-
INGS OR OFFICES WHICH HAVE OVER FIFTY STATE EMPLOYEES  LOCATED  AT  SUCH
SITE  OR IN WHICH THE VISITATION RATE BY THE GENERAL PUBLIC IS OVER FIVE
HUNDRED VISITORS, ON AVERAGE, EACH  MONTH.  SUCH  INVENTORY  OF  BICYCLE
PARKING  AND  STORAGE  FACILITIES SHALL BE COMPLETED WITHIN TWO YEARS OF
THE EFFECTIVE DATE OF THE CHAPTER OF THE LAWS OF  TWO  THOUSAND  SIXTEEN
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  FACILI-
TIES  INVENTORY PROVIDED FOR IN PARAGRAPH (A) OF SUBDIVISION TWO OF THIS
SECTION, THE COMMISSIONER OF GENERAL SERVICES SHALL DEVELOP  A  PLAN  TO
EXPAND  BICYCLE PARKING 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 FACILITIES INVENTORY. SUCH PLAN
MAY 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 PREMISES:
  (A)  THE  INVENTORY OF BICYCLE PARKING 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  SHOULD BE A PLAN TO DEVELOP AN AMPLE
SUPPLY OF SECURE OFF-STREET BICYCLE PARKING OR ALTERNATE INDOOR  PARKING
OR STORAGE FOR SUCH BICYCLES;
  (C)  ADEQUATE  POSTING  OF  SUCH  BICYCLE  PARKING FACILITIES SHALL BE
PROVIDED FOR AND PLACED AROUND SUCH STATE OFFICE  BUILDING  FACILITY  TO
ENCOURAGE  UTILIZATION OF SUCH PARKING FACILITIES BY STATE EMPLOYEES AND
THE GENERAL PUBLIC;
  (D) A MARKETING AND COMMUNITY OUTREACH PLAN  SHOULD  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 MAY 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.

S. 1942--A                          3

  (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
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 AND THE COMMISSIONER OF PARKS, RECRE-
ATION AND HISTORIC PRESERVATION OR A DESIGNEE OF ANY SUCH COMMISSIONERS.
THE REMAINING FOUR MEMBERS SHALL CONSIST OF A GROUP OF  MUNICIPAL  PLAN-
NERS,  BICYCLE  ASSOCIATION  REPRESENTATIVES,  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 ASSEMBLY.
  (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; AND (III)
RECOMMENDATIONS ON ESTABLISHING PARTNERSHIPS WITH  ENTITIES  TO  DEVELOP
BICYCLE PARKING FACILITIES IN PUBLIC SPACES.  SUCH REPORT SHALL BE POST-
ED  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 TEMPO-
RARY BICYCLE COMMUTING TASK FORCE SHALL  CEASE  TO  EXIST  THREE  MONTHS
AFTER THE ISSUANCE OF ITS REPORT.
  S 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law.