Int. No. 1030
By Council Members Lee, Ung, Narcisse and Williams
A Local Law to amend the administrative code of the city of New York, in relation to requiring the department of transportation to mail notices to, and receive comments from, residents, businesses, and organizations along the route of a proposed bicycle lane project
Be it enacted by the Council as follows:
Section 1. Section 19-101.2 of the administrative code of the city of New York, as amended by local law number 3 for the year 2024, is amended to read as follows:
a. Definitions. For the purposes of this section, the following terms have the following meanings:
Affected addresses. The term “affected addresses” means the mailing addresses adjacent to the block containing the proposed bicycle lane project.
Affected community members. Any person who resides at, or who manages a business or an organization located at, an affected address.
Affected council member(s), senator(s), member(s) of assembly and community board(s). The term “affected council member(s), senator(s), member(s) of assembly and community board(s)” means the council member(s), senator(s), member(s) of assembly and community board(s) in whose districts a proposed major transportation project is to be located, in whole or in part.
Bicycle lane. The term “bicycle lane” means a portion of the roadway that has been marked off or separated for the preferential or exclusive use of bicycles.
Major transportation project. The term “major transportation project” means any project that after construction will alter four or more consecutive blocks, or 1,000 consecutive feet of street, whichever is less, involving a major realignment of the roadway, including either removal of a vehicular lane(s) or full time removal of a parking lane(s) or addition of vehicular travel lane(s), as well as a project to add or remove a bicycle lane of any length.
b. If an agency of the city other than the department implements a major transportation project, such agency, in lieu of the department, shall provide the notice required by this section.
c. 1. Prior to the implementation of a major transportation project, the department shall forward notice of such project, including a description of such project, to affected council member(s), including a description of such project, to affected council member(s), senator(s), member(s) of assembly and community board(s) by electronic mail.
2. Prior to the implementation of a major transportation project that includes the addition or removal of a bicycle lane, the department shall provide the notice required pursuant to paragraph 1 of this subdivision, and shall also mail notice of such project, including a description of such project, to affected addresses.
d. 1. Within ten business days after receipt of such notice, or within twenty business days after receipt between June 20 and August 20 of such a notice for a major transportation project for the addition or removal of a bicycle lane: (i) the affected council member(s), senator(s) and member(s) of assembly may submit recommendations and/or comments on such notice to the department; and (ii) the affected community board(s) may either submit recommendations and/or comments on such notice to the department and/or request a presentation of the major transportation project plan by the department, which shall be made to the community board within thirty days of such community board's request, or within forty-five days of such community board’s request where such a notice for a major transportation project for the addition or removal of a bicycle lane is received by such community board between June 20 and August 20.
2. Within 15 days of the postmark of the notices required to be mailed to the affected addresses pursuant to subdivision c of this section, affected community members may submit recommendations and comments on such notices to the department.
e. Each presentation to the affected community board(s) shall include, at a minimum, the project limits, a description, and a justification of such plan, and a map showing the streets affected by such plan and, within three days of such presentation, shall be forwarded to the affected council member(s), senator(s) and members of assembly.
f. The department shall consider recommendations and/or comments, if any, made under the provisions of subdivision d of this section and/or within seven days of the presentation to the community board, from the affected council member(s), senator(s), member(s) of assembly [and], affected community board(s), and affected community members, and may incorporate changes, where appropriate, into the plan.
g. The department may implement its plan after it sends an amended plan or notice that it will proceed with its original plan to the affected council member(s), senator(s), member(s) of assembly and community board(s).
h. Nothing in this section shall be construed to prohibit the department from providing notice of its major transportation projects on its website and to affected council member(s), senator(s), member(s) of assembly [and], community board(s), community members, and other interested parties by other means in addition to those specified in this section.
i. Nothing in this section shall be construed to require the department to provide notification of major transportation projects requiring immediate implementation to preserve public safety.
j. Prior to the implementation of a major transportation project, the department shall consult with the police department, the fire department, the department of small business services and the mayor's office for people with disabilities. The department shall include a certification of such consultations in the notice required by subdivision c of this section.
§ 2. This local law takes effect 120 days after it becomes law.
MLL
LS #14589
1/10/24 11:46AM