New York Senate Bill S04330 Latest Draft

   
  STATE OF NEW YORK ________________________________________________________________________ 4330--A 2023-2024 Regular Sessions  IN SENATE February 7, 2023 ___________ Introduced by Sen. SEPULVEDA -- read twice and ordered printed, and when printed to be committed to the Committee on Cities 1 -- recommitted to the Committee on Cities 1 in accordance with Senate Rule 6, sec. 8 -- reported favorably from said committee and committed to the Committee on Transportation -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the administrative code of the city of New York, in relation to notification and hearings for proposed construction or removal of bicycle lanes or racks The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The administrative code of the city of New York is amended 2 by adding a new section 19-159.8 to read as follows: 3 § 19-159.8 Notification of bicycle lane or rack construction or 4 removal. a. Definitions. As used in this section, the following terms 5 shall have the following meanings: 6 1. "Affected council member" means the council member or members whose 7 districts would contain a proposed bicycle lane or bicycle rack that is 8 to be constructed or removed. 9 2. "Affected community board" means a community board or boards whose 10 districts would contain a proposed bicycle lane or bicycle rack that is 11 to be constructed or removed. 12 3. "Bicycle lane" means a portion of the roadway that has been marked 13 off or separated for the preferential or exclusive use of bicycles. 14 4. "Bicycle rack" means a fixed-in-place stand, solidly anchored to 15 the ground or other fixed object, which allows a bicycle to lean against 16 it in an upright position with both wheels on a level surface. 17 b. When the department intends to construct or remove a bicycle lane 18 or bicycle rack, the department shall provide notice through electronic 19 and written means to the affected council member of the affected council 20 district, the state senator of the affected senate district, the member EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD07182-02-4 
 S. 4330--A 2 1 of the assembly of the affected assembly district and the district 2 manager of the affected community board prior to the construction or 3 removal of such lane or rack. Such notice shall be provided at least 4 ninety days before the department constructs or removes such lane or 5 rack. 6 c. The department shall present its plan at a public hearing held by 7 an affected community board within forty-five days of the department 8 sending the notice required under subdivision b of this section. If 9 changes are made to such plan, it shall present the plan again at a 10 public hearing within forty-five days. The community shall be allowed to 11 provide input on such plans and the department shall not construct or 12 remove a bicycle lane or bicycle rack until forty-five days after the 13 final public hearing. 14 d. The department shall consider comments from any public hearings and 15 may incorporate changes, where appropriate, into its bicycle lane or 16 bicycle rack plan or cancel plans for construction or removal of such 17 lane or rack if it determines that such lane or rack would be inappro- 18 priate. 19 § 2. This act shall take effect immediately.