What's happening
This bill requires certain office buildings in New York State to provide bicycle access for tenants and employees, with exceptions and procedures for compliance.
Why it matters
Promotes Sustainable Commuting. By requiring office buildings with certain types of freight elevators to allow bicycle access for tenants and employees, the bill encourages more people to commute by bike, potentially reducing traffic congestion and emissions.
Balances Safety and Feasibility. The bill allows building owners to apply for exceptions if there are substantial safety risks with elevator use or if secure, no-cost alternative bicycle parking is available nearby, ensuring that access requirements do not override safety or create unreasonable burdens.
Establishes Clear Procedures and Rights. Tenants and subtenants gain a formal process to request bicycle access, and building management is required to respond within set timelines, increasing transparency and accountability for both parties.
Ensures Awareness and Enforcement. Building owners must publicly post bicycle access plans or exception letters so tenants, employees, and inspectors are aware of the building’s policy, supporting compliance and making rights and exceptions visible and enforceable.
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Who cares
Headline styles
Let Bikes in Office Buildings
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to transportation
- Referred to transportation
Full text
3 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
2238
2019-2020 Regular Sessions
IN SENATE
January 23, 2019
Introduced by Sen. SANDERS -- read twice and ordered printed, and when printed to be committed to the Committee on Transportation
AN ACT to amend the transportation law, in relation to requiring bicycle access to office buildings
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. The transportation law is amended by adding a new article 23 to read as follows:
ARTICLE 23
BICYCLE ACCESS TO OFFICE BUILDINGS Section 500. Applicability.
501. Request for bicycle access.
502. Bicycle access plan.
503. Exceptions.
504. Emergencies.
505. Posting and availability of bicycle access plan or letter
of exception.
506. Filing of plan.
507. Exemptions.
§ 500. Applicability. This article shall apply to buildings, the main occupancy of which is offices, that (i) have a freight elevator that either complies with ASME 17.1 with regard to the carrying of passengers on freight elevators, or is operated by a freight elevator operator, and (ii) are not subject to the bicycle parking provisions of sections 25-80, 36-70 and 44-60 of the zoning resolution of the city of New York. It shall be presumed that if a freight elevator is available for carrying freight, it is available for carrying bicycles.
§ 501. Request for bicycle access. The tenant or subtenant of a building to which this article is applicable may request in writing, on a form provided by the department, that the owner, lessee, manager or other person who controls such building complete a bicycle access plan
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08164-01-9
S. 2238 2
in accordance with section five hundred two of this article. Such request shall be sent to the owner, lessee, manager or other person who controls such building by certified mail, return receipt requested, and a copy of the request shall be filed with the department.
§ 502. Bicycle access plan. 1. Where a request for a bicycle access plan has been submitted pursuant to this article, the owner, lessee, manager or other person in control of the building shall within thirty days after receipt of such request complete and implement a bicycle access plan or provide to the tenant or subtenant a copy of the request for an exception that has been filed with the department in accordance with section five hundred three of this article.
2. A plan shall be completed on a form provided by the department and shall include, at a minimum: the location of entrances; route to freight elevators that accommodate bicycle access; the route to a designated area for bicycle parking on an accessible level if such bicycle parking is made available; and such other information as the department may require. The plan shall provide that bicycle access is available, at a minimum, during the regular operating hours of the freight elevator, if such freight elevator is used for bicycle access in such building. Bicycle access shall be granted to the requesting tenant or subtenant and its employees in accordance with such plan.
3. The plan may be amended from time to time to accommodate requests from other tenants or subtenants to provide bicycle access pursuant to this article.
§ 503. Exceptions. Bicycle access need not be provided pursuant to this article if an owner, lessee, manager or other person who controls a building applies to the commissioner for an exception, on a form provided by the department and sent to the department by certified mail, return receipt requested, within fifteen days of receipt of a request for a bicycle access plan, and certifies that either:
1. The building's freight elevator is not available for the use described in this article because unique circumstances exist involving substantial safety risks directly related to the use of such elevator. Such application shall include the reasons for such assertion and supporting documentation; or
2. There is sufficient secure alternate covered off-street or sufficient secure alternate indoor no-cost bicycle parking available on the premises or within three blocks or seven hundred fifty feet, whichever is less, of such building to accommodate all tenants or subtenants of such building requesting bicycle access. Such application shall include supporting documentation for such assertion, including proof that such alternate off-street or indoor parking is available to or under the control of such owner, lessee, manager or other person who controls the building. If an exception is sought for the reasons set forth in subdivision one of this section, the department shall conduct an inspection of the building and freight elevator and shall thereafter issue a final determination as to whether to grant an exception. If an exception is sought for the reasons set forth in this subdivision, the department shall thereafter conduct an inspection of the secure alternate covered off-street or secure indoor no-cost bicycle parking and the department shall thereafter issue a final determination as to whether to grant an exception. In either event, a letter of exception or denial shall be sent by certified mail, return receipt requested, to the owner, lessee, manager, or other person in control of the building. If the exception is denied, a bicycle access plan shall be posted within twenty days of
S. 2238 3
receipt of such determination. Failure to timely post a bicycle access plan shall be cause for the issuance of a violation.
§ 504. Emergencies. In an emergency, whenever elevator use is prohibited, bicycles shall not be permitted to be transported through any means of egress.
§ 505. Posting and availability of bicycle access plan or letter of exception. 1. Every owner, lessee, manager or other person in control of a building subject to this article shall either post in such building each bicycle access plan that is in effect, notifying the requesting tenants and subtenants of their right to bicycle access in accordance with such plan, or shall post a notice in the building lobby indicating that such plan is available in the office of the building manager upon request. Either such posting shall be made within five days of completion and implementation of such plan.
2. Every owner, lessee, manager or other person in control of such building shall post in such building any letter of exception granted by the commissioner, including the basis or bases for the exception and, if applicable, the route to alternate off-street or indoor parking, as provided in section five hundred three of this article, or shall post a notice in the building lobby indicating that such letter is available in the office of the building manager upon request. Either such posting shall be made within five days of receipt of such letter of exception.
3. Plans, letters of exception or notices of availability of either shall be posted in a prominent location easily visible to a building's tenants, subtenants and the building's employees, and shall be made available upon request by the department or authorized representatives of any other state or local agency.
§ 506. Filing of plan. The department may require that plans implemented pursuant to the provisions of this article be filed in a timely manner.
§ 507. Exemptions. Nothing in this article shall be construed to require an owner, lessee, manager or other person who is in control of a building governed by this article to provide space for bicycles 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.
§ 2. This act shall take effect one year after it shall have become a law. Effective immediately, the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date are authorized to be made and completed on or before such effective date.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the transportation law, in relation to requiring bicycle access to office buildings
Purpose
To ensure office buildings provide bicycle access plans.
Summary of provisions
Section I of the bill amends the transportation law by adding a new article 23, sections 500 through 507, providing for bicycle access to office buildings.
Section 500 will establish these provisions apply to certain office buildings with a freight elevator.
Section 501 provides the tenant or subtenant of a building may request in writing that the owner or person who controls such building complete a bicycle access plan.
Section 502 provides where a request for a bicycle access plan has been properly submitted, the owner or person who controls the building shall complete and implement the plan within 30 days or provide a copy of the filed request for an exception. A plan shall include location of entrances, route to freight elevators that accommodate bicycle access, route to a designated area for bicycle parking and other information as may be required by the Department of Transportation. Bicycle access must be available, at a minimum, during regular operating hours of the freight elevator. The plan may be amended to accommodate requests from other tenants.
Section 503 provides for exceptions when the freight elevator is not available for this use due to substantial safety risks or when there is sufficient secure alternate covered off-street or indoor no-cost bicycle parking available on the premises or within three blocks or 750 feet, whichever is less, to accommodate all tenants or subtenants requesting bicycle access. If an exception is sought, the Department of Transporta- tion will conduct an inspection and issue a final determination. If the exception is denied, a bicycle access plan shall be posted within 20 days.
Section 504 provides bicycles shall not be permitted to be transported through any means of egress during an emergency, whenever elevator use is prohibited.
Section 505 provides every owner or person who controls a building subject to this article shall post in a prominent location easily visi- ble to tenants each bicycle access plan in effect and any exceptions that have been granted.
Section 506 provides the Department of Transportation may require bicy- cle access plans implemented be filed in a timely manner.
Section 507 provides exemptions for providing space for bicycles or permitting bicycles 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 a building.
Section 2 of the bill provides the effective date.
Existing law
New Law
Justification
The state should encourage bicycling as a means of transportation, which promotes both healthy lifestyles and a cleaner environment. If buildings do not guarantee bicycle access, many would be bicycle users are discouraged. This is modeled after the New York City legislation.
Legislative history
04/27/16 REFERRED TO TRANSPORTATION
Fiscal implications
Minimal
Local fiscal implications
None
Effective date
This act shall take effect one year after it shall have become a law; provided, however, that effective immediately, the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date is authorized and directed to be made and completed on or before such effective date.
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