S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3938
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 8, 2023
                                ___________
 
 Introduced  by M. of A. JACKSON -- read once and referred to the Commit-
   tee on Cities
 
 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:
 
   Section  1. The administrative code of the city of New York is amended
 by adding a new section 19-159.7 to read as follows:
   § 19-159.7 NOTIFICATION  OF  BICYCLE  LANE  OR  RACK  CONSTRUCTION  OR
 REMOVAL.    A. DEFINITIONS. AS USED IN THIS SECTION, THE FOLLOWING TERMS
 SHALL HAVE THE FOLLOWING MEANINGS:
   1. "AFFECTED COUNCIL MEMBER" MEANS THE COUNCIL MEMBER OR MEMBERS WHOSE
 DISTRICTS WOULD CONTAIN A PROPOSED BICYCLE LANE OR BICYCLE RACK THAT  IS
 TO BE CONSTRUCTED OR REMOVED.
   2.  "AFFECTED COMMUNITY BOARD" MEANS A COMMUNITY BOARD OR BOARDS WHOSE
 DISTRICTS WOULD CONTAIN A PROPOSED BICYCLE LANE OR BICYCLE RACK THAT  IS
 TO BE CONSTRUCTED OR REMOVED.
   3.  "BICYCLE LANE" MEANS A PORTION OF THE ROADWAY THAT HAS BEEN MARKED
 OFF OR SEPARATED FOR THE PREFERENTIAL OR EXCLUSIVE USE OF BICYCLES.
   4. "BICYCLE RACK" MEANS A FIXED-IN-PLACE STAND,  SOLIDLY  ANCHORED  TO
 THE GROUND OR OTHER FIXED OBJECT, WHICH ALLOWS A BICYCLE TO LEAN AGAINST
 IT IN AN UPRIGHT POSITION WITH BOTH WHEELS ON A LEVEL SURFACE.
   B.  WHEN  THE DEPARTMENT INTENDS TO CONSTRUCT OR REMOVE A BICYCLE LANE
 OR BICYCLE RACK, THE DEPARTMENT SHALL PROVIDE NOTICE THROUGH  ELECTRONIC
 AND WRITTEN MEANS TO THE AFFECTED COUNCIL MEMBER OF THE AFFECTED COUNCIL
 DISTRICT,  THE STATE SENATOR OF THE AFFECTED SENATE DISTRICT, THE MEMBER
 OF THE ASSEMBLY OF THE  AFFECTED  ASSEMBLY  DISTRICT  AND  THE  DISTRICT
 MANAGER  OF  THE  AFFECTED  COMMUNITY BOARD PRIOR TO THE CONSTRUCTION OR
 REMOVAL OF SUCH LANE OR RACK. SUCH NOTICE SHALL  BE  PROVIDED  AT  LEAST
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07182-01-3
 A. 3938                             2
              

 
 NINETY  DAYS  BEFORE  THE  DEPARTMENT CONSTRUCTS OR REMOVES SUCH LANE OR
 RACK.
   C.  THE  DEPARTMENT SHALL PRESENT ITS PLAN AT A PUBLIC HEARING HELD BY
 AN AFFECTED COMMUNITY BOARD WITHIN FORTY-FIVE  DAYS  OF  THE  DEPARTMENT
 SENDING  THE  NOTICE  REQUIRED  UNDER  SUBDIVISION B OF THIS SECTION. IF
 CHANGES ARE MADE TO SUCH PLAN, IT SHALL PRESENT  THE  PLAN  AGAIN  AT  A
 PUBLIC HEARING WITHIN FORTY-FIVE DAYS. THE COMMUNITY SHALL BE ALLOWED TO
 PROVIDE  INPUT  ON  SUCH PLANS AND THE DEPARTMENT SHALL NOT CONSTRUCT OR
 REMOVE A BICYCLE LANE OR BICYCLE RACK UNTIL FORTY-FIVE  DAYS  AFTER  THE
 FINAL PUBLIC HEARING.
   D. THE DEPARTMENT SHALL CONSIDER COMMENTS FROM ANY PUBLIC HEARINGS AND
 MAY  INCORPORATE  CHANGES,  WHERE  APPROPRIATE, INTO ITS BICYCLE LANE OR
 BICYCLE RACK PLAN OR CANCEL PLANS FOR CONSTRUCTION OR  REMOVAL  OF  SUCH
 LANE  OR  RACK IF IT DETERMINES THAT SUCH LANE OR RACK WOULD BE INAPPRO-
 PRIATE.
   § 2. This act shall take effect immediately.