Bill S6149-2009

Provides bicycle access to public office buildings

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.

Details

Actions

  • Mar 16, 2010: REPORTED AND COMMITTED TO FINANCE
  • Jan 6, 2010: REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS
  • Aug 31, 2009: REFERRED TO RULES

Votes

VOTE: COMMITTEE VOTE: - Investigations and Government Operations - Mar 16, 2010
Ayes (5): Johnson C, Stachowski, Diaz, Klein, Espada
Ayes W/R (1): Golden
Nays (2): Winner, Nozzolio

Memo

 BILL NUMBER:  S6149

TITLE OF BILL : An act to amend the public buildings law, in relation to bicycle access to public office buildings

PURPOSE : To encourage the use of bicycles by establishing a program for the provision and promotion of safe and secure bicycle parking and storage facilities at state office buildings.

SUMMARY OF PROVISIONS : Section 1 amends section 11 of the public buildings law to expand on the existing bicycle parking pilot program at state office buildings in Albany, New York.

Subdivision 1 recognizes the role in which bicycles can serve as valuable transportation mode with energy conservation, health, physical fitness, and environmental benefits and declares it the official policy of the state to provide for adequate and safe bicycle facilities, including the use of present facilities for safe and secure bicycle parking and storage, be included in the planning, development, construction or re-construction of all state facilities.

Subdivision 2 clarifies the role of the commissioner of general services in undertaking a program for the provision and promotion of safe and secure bicycle parking facilities at state office buildings for state employees and visitors at such buildings. within one year of the effective date, the commissioner must make an inventory of all existing bicycle parking and storage facilities at all state office buildings in which the state leases or occupies space and which have over 30 state employees or in which the visitation rate by the general public is an average of over 500 visitors per month.

Subdivision 3 explains that, once the inventory has been completed, the commissioner has 18 months to develop a plan to expand bicycle parking and storage facilities to encourage the use of such facilities by state employees and the general public. To encourage the use of bicycles by state employees and visitors, the plan must contain and address the following elements: (a) the inventory must be ranked from highest to lowest based on existing unfulfilled demand while considering increased future demand; (b) in urban settings, a plan must be developed to secure ample covered and uncovered off street or alternate indoor parking and storage; (c) adequate posting must be provided to encourage utilization of parking and storage facilities; (d) a marketing plan and community outreach effort must be provided; and (e) other elements as the commissioner deems appropriate.

Subdivision 4 stipulates the role of the office of general services (OGS) in consulting and cooperating with the NYSDOT regional bicycle coordinator, local bicycle planning groups, and other organizations interested in the study. All other departments, divisions, boards, bureaus or commissions must help the office carry out its responsibilities by providing assistance and data Upon request.

Subdivision 5 lays forth the requirement for bicycle parking or storage space to comply with any applicable building and fire codes.

Subdivision 6 establishes a temporary bicycle commuting task force to examine the development of sheltered bicycle parking in public spaces. The task force shall be comprised of ten members, five of which are appointed by the governor, and the other five by various members of the New York State Legislature. The chairperson of the task force shall be the commissioner of general services; members of the task

force shall serve without compensation and meet when deemed necessary by the chair.

Within 18 months of its establishment, the task force shall issue a report to the governor and offer suggestions on expanding the OGS to local, municipal, and private office buildings. The report shall be posted the website of each state agency involved, and the task force shall cease to exist after 3 months after the issuance of its report.

JUSTIFICATION : By building on New York's existing pilot program, the bill expands parking and storage facilities to support bicycle commuters and visitors of public office buildings. The measure is intended to improve public health and physical fitness, reduce carbon emissions, provide a cheaper commute and build towards a sustainable transportation infrastructure.

PRIOR LEGISLATIVE HISTORY : New Bill.

FISCAL IMPLICATIONS :

EFFECTIVE DATE : Immediately.

Text

STATE OF NEW YORK ________________________________________________________________________ 6149 2009-2010 Regular Sessions IN SENATE 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: 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
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 NINE 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. [3] 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 trans- portation 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
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 OF NEW YORK OR THE OWNER, LESSEE, MANAGER OR OTHER PERSON WHO IS IN CONTROL OF A BUILDING GOVERNED BY THIS SECTION TO PROVIDE SPACE FOR STORED BICY- CLES AT SUCH BUILDING OR BROUGHT INTO SUCH BUILDING OR TO PERMIT A BICY- CLE 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 TEN MEMBERS, INCLUDING THE COMMISSIONER OF GENERAL SERVICES, THE COMMISSIONER OF TRANSPORTATION, THE COMMISSIONER OF MOTOR VEHICLES, THE COMMISSIONER OF BUILDINGS AND THE COMMISSIONER OF PARKS AND RECREATION OR A DESIGNEE OF ANY SUCH COMMISSIONERS. THE REMAINING FIVE MEMBERS SHALL CONSIST OF A GROUP OF MUNICIPAL PLANNERS, 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 MAJORITY CONFERENCE LEADER 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 CHAIRPERSON 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 STATE 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) RECOMMENDATIONS ON ESTABLISHING PARTNERSHIPS WITH ENTITIES TO DEVELOP SHELTERED BICYCLE STORAGE AND PARKING FACILITIES IN PUBLIC SPAC- ES; AND (IV) SUGGESTIONS ON EXPANDING THE OFFICE OF GENERAL SERVICES TO LOCAL MUNICIPAL AND PRIVATE OFFICE BUILDINGS. 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 immediately.

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