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

                                  1331

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            January 28, 2009
                               ___________

Introduced by Sens. SERRANO, ADAMS, KRUEGER, ONORATO, STACHOWSKI -- read
  twice  and  ordered  printed,  and when printed to be committed to the
  Committee on Commerce, Economic Development and Small Business

AN ACT to amend the economic development law, in  relation  to  creating
  the New York State bicycle tourism promotion act

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The economic development law is amended  by  adding  a  new
article 17 to read as follows:
                               ARTICLE 17
              NEW YORK STATE BICYCLE TOURISM PROMOTION ACT
SECTION 349. SHORT TITLE.
        350. STATEMENT OF LEGISLATIVE INTENT.
        351. DEFINITIONS.
        352. ADMINISTRATION.
        353. GRANTS FOR LOCAL BICYCLE TOURISM KIOSK.
        354. PROGRAM REVIEW.
  S 349. SHORT  TITLE.  THIS  ACT SHALL BE KNOWN AND MAY BE CITED AS THE
NEW YORK STATE BICYCLE TOURISM PROMOTION ACT.
  S 350. STATEMENT OF LEGISLATIVE INTENT. THE LEGISLATURE HEREBY  RECOG-
NIZES  THE ROLE THAT CYCLING PLAYS IN LOCAL TOURISM. INCREASINGLY, BICY-
CLES ARE UTILIZED BY TRAVELERS TO EXPLORE LOCAL  COMMUNITIES,  OR  AS  A
METHOD  OF  TRAVEL  THROUGH  THE  STATE.  AS BICYCLES HELP EXPAND TRAVEL
DESTINATIONS, AND ADD TO EXPERIENCE BASED TOURISM, THE STATE SHOULD  ACT
TO SUPPORT THE GROWTH IN THIS SECTOR. IT IS THE OBJECTIVE OF THIS LEGIS-
LATION  TO  ESTABLISH  A  WORKING  FLEET  OF  RENTAL BIKES AT CONVENTION
BUREAUS, VISITOR CENTERS AND POINTS OF INTEREST THAT ARE HEAVILY VISITED
BY TOURISTS AND PROFESSIONALS. ADDITIONALLY, THE LEGISLATURE  WISHES  TO
PROVIDE A MECHANISM TO CONNECT VISITING PROFESSIONALS AND TRAVELERS WITH
INFORMATION AND MAPS OF BICYCLING ROUTES AND DESTINATION POINTS.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06475-01-9

              

S. 1331                             2

  S 351. DEFINITIONS. AS USED IN THIS ACT, "BICYCLE TOURISM KIOSK" SHALL
MEAN  A  CENTRAL  LOCATION EASILY ACCESSIBLE BY TOURISTS WHERE BICYCLES,
BICYCLING SAFETY EQUIPMENT AND A LOCAL BICYCLE ROUTE  MAP  ARE  PROVIDED
FOR RENTAL AND USE.
  S 352. ADMINISTRATION.  1.  THE DEPARTMENT SHALL ADOPT GUIDELINES FOR,
AND ADMINISTER A PROGRAM TO PROMOTE BICYCLE TOURISM  IN  LOCAL  COMMUNI-
TIES. IN DOING SO, THE DEPARTMENT SHALL:
  (A)  SOLICIT  AND  ACCEPT PROPOSALS FROM LOCAL TOURISM PROMOTION AGEN-
CIES, CONVENTION AND VISITORS BUREAUS AND CHAMBERS OF COMMERCE TO  IDEN-
TIFY POTENTIAL BICYCLE ROUTES AND HOST A BICYCLE TOURISM KIOSK;
  (B)  EVALUATE  THOSE  PROPOSALS TO ENSURE THAT PROPOSED BICYCLE ROUTES
WILL PROVIDE TRAVELERS WITH AN ADEQUATE EXPERIENCE BASED ON THE PROXIMI-
TY OF POINTS OF INTEREST AND TOURISM  ATTRACTIONS  TO  PROPOSED  BICYCLE
ROUTES; AND
  (C)  PROVIDE THAT NO BICYCLES SHALL BE RENTED WITHOUT ALSO PROVIDING A
BICYCLE HELMET, OR HAVING BEEN PROVIDED  THAT  THE  PERSON  RENTING  THE
BICYCLE HAS IN HIS OR HER POSSESSION A HELMET TO BE USED WHILE OPERATING
SUCH BICYCLE.
  2.  THE  DEPARTMENT  MAY  APPROVE  UP TO FIFTEEN PROPOSALS TO CREATE A
LOCAL BICYCLE TOURISM KIOSK.
  3. NOTHING SHALL PROHIBIT  THE  DEPARTMENT  FROM  CONTRACTING  WITH  A
STATEWIDE  BICYCLING ORGANIZATION FOR THE PURPOSES OF IDENTIFYING POTEN-
TIAL AREAS FOR A BICYCLE TOURISM PROGRAM, EVALUATING PROPOSALS SUBMITTED
TO THE DEPARTMENT AND LOCALLY ADMINISTERING GRANTS PROVIDED  UNDER  THIS
ARTICLE.
  S  353.  GRANTS  FOR  LOCAL  BICYCLE  TOURISM  KIOSK. 1. FROM EXISTING
AMOUNTS APPROPRIATED FOR TOURISM PROMOTION, AND ANY OTHER AMOUNTS APPRO-
PRIATED FOR THE PROGRAM, THE DEPARTMENT SHALL PROVIDE GRANTS TO  TOURISM
PROMOTION  AGENCIES,  CONVENTIONS  AND  VISITORS  BUREAUS,  CHAMBERS  OF
COMMERCE, OR A LOCAL GOVERNMENT FOR THE PURCHASE OF EQUIPMENT AND OPERA-
TION OF A BICYCLE TOURISM KIOSK.
  2. THE DEPARTMENT MAY CONTRACT WITH A STATEWIDE BICYCLING ORGANIZATION
TO ADMINISTER GRANTS PROVIDED UNDER THIS ARTICLE.
  3. NO SINGLE GRANT MAY EXCEED TWENTY THOUSAND DOLLARS.
  4. ELIGIBLE USES  FOR  GRANTS  PROVIDED  UNDER  THIS  SECTION  ARE  AS
FOLLOWS:
  (A)  FOR  THE  PURCHASE  OF  BICYCLES,  HELMETS, LOCKS, BICYCLE TOOLS,
STATIONARY BICYCLE RACKS, AND ANY OTHER EQUIPMENT NECESSARY TO  MAINTAIN
AND PROVIDE SAFE BICYCLE RENTALS;
  (B)  FOR  PERSONAL  SERVICE COSTS, PROVIDED HOWEVER THAT SUCH PERSONAL
SERVICE COSTS SHALL NOT EXCEED NINE THOUSAND DOLLARS PER GRANT;
  (C) FOR ANY OTHER COSTS NECESSARY TO LEASE OR PURCHASE SPACE TO  OPER-
ATE A BICYCLE TOURISM KIOSK; AND
  (D)  FOR  REASONABLE  NON-PERSONAL  SERVICE  COSTS ASSOCIATED WITH THE
OPERATION AND MAINTENANCE OF A BICYCLE TOURISM KIOSK.
  S 354. PROGRAM REVIEW. THE DEPARTMENT  SHALL,  SIX  MONTHS  AFTER  THE
AWARDING  OF GRANTS UNDER THIS ARTICLE, CAUSE TO BE PRODUCED A REVIEW OF
THE PROGRAM. A REPORT ON THE EFFECTIVENESS  OF  THIS  PROGRAM  SHALL  BE
SUBMITTED TO THE GOVERNOR, TEMPORARY PRESIDENT OF THE SENATE, AND SPEAK-
ER OF THE ASSEMBLY.
  S 2. This act shall take effect immediately.