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A09363 Summary:

BILL NOA09363
 
SAME ASNo Same As
 
SPONSORBerger
 
COSPNSR
 
MLTSPNSR
 
Add §1290, V & T L; add §99-tt, St Fin L
 
Requires registration of electric scooter programs; establishes the street and sidewalk infrastructure fund for projects supporting the repair, maintenance, and improvement of streets, sidewalks, and related pedestrian infrastructure.
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A09363 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          9363
 
                               2025-2026 Regular Sessions
 
                   IN ASSEMBLY
 
                                    December 19, 2025
                                       ___________
 
        Introduced by M. of A. BERGER -- read once and referred to the Committee
          on Transportation
 
        AN  ACT  to  amend  the vehicle and traffic law, in relation to electric
          scooter programs; and to amend the state finance law, in  relation  to
          establishing the street and sidewalk infrastructure fund

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. The vehicle and traffic law is  amended  by  adding  a  new
     2  section 1290 to read as follows:
     3    §  1290.  Electric  scooter  programs. 1. As used in this section, the
     4  following terms shall have the following meanings:
     5    (a) "Electric scooter program" shall mean any service  operated  by  a
     6  city  agency, including but not limited to the department of transporta-
     7  tion, or a private organization or entity  authorized  through  contract
     8  with  a  city  agency,  offering electric scooters for short-term public
     9  rental.
    10    (b) "Operator" shall mean any person, firm, corporation,  partnership,
    11  association,  or  other  entity  engaged  in the business of managing or
    12  providing an electric scooter program.
    13    2. Each operator shall remit to the department a fee to be  determined
    14  by  the commissioner, which shall be deposited into the street and side-
    15  walk infrastructure fund established pursuant to section  ninety-nine-tt
    16  of the state finance law.
    17    3.  (a)  All electric scooters in an electric scooter program shall be
    18  registered annually with the department.
    19    (b) As part of such registration required pursuant to paragraph (a) of
    20  this subdivision, each electric scooter shall be subject  to  an  annual
    21  safety  inspection,  including  evaluation  of  mechanical integrity and
    22  lithium-ion battery safety standards.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13835-01-5

        A. 9363                             2
 
     1    4. Every operator shall maintain a twenty-four  hour,  seven  day  per
     2  week response system to allow reporting of and prompt removal of improp-
     3  erly parked electric scooters.
     4    5.  (a)  Any  operator who fails to comply with the provisions of this
     5  section shall be subject to civil fines, and/or suspension or revocation
     6  of their registration for an electric scooter program, as determined  by
     7  the commissioner.
     8    (b)  Any  electric  scooter  reported  to be obstructing an accessible
     9  route in violation of the federal Americans  with  Disabilities  Act  of
    10  1990, as amended (Public Law 101-336), to an operator pursuant to subdi-
    11  vision  four  of  this  section  which  is not promptly removed shall be
    12  subject to enhanced penalties.
    13    6. The commissioner shall promulgate all rules and regulations  neces-
    14  sary for the implementation of this section.
    15    § 2. The state finance law is amended by adding a new section 99-tt to
    16  read as follows:
    17    §  99-tt.  Street and sidewalk infrastructure fund. 1. There is hereby
    18  established in the joint custody of the comptroller, the commissioner of
    19  taxation and finance, and the commissioner of transportation, a fund  to
    20  be known as the "street and sidewalk infrastructure fund".
    21    2.  Such fund shall consist of moneys required to be deposited thereto
    22  pursuant to section twelve hundred ninety of  the  vehicle  and  traffic
    23  law, and all other moneys appropriated, credited, or transferred thereto
    24  from any other fund or source pursuant to law. Nothing contained in this
    25  section  shall  prevent  the  state  from  receiving  grants,  gifts, or
    26  bequests for the purposes of the fund as defined  in  this  section  and
    27  depositing them into the fund according to law.
    28    3.  Moneys  of  the  fund shall be made available to the department of
    29  transportation for projects  supporting  the  repair,  maintenance,  and
    30  improvement  of  streets,  sidewalks, and related pedestrian infrastruc-
    31  ture.
    32    4. The commissioner of transportation shall  include  in  the  depart-
    33  ment's  annual report made pursuant to section fourteen of the transpor-
    34  tation law, a summary of how the moneys of the fund were utilized during
    35  the preceding fiscal year, which shall include:
    36    (a) the amount of money disbursed from the fund and the  process  used
    37  for such disbursements;
    38    (b) recipients of awards from the fund;
    39    (c) the amount awarded to each; and
    40    (d) the purposes for which such awards were granted.
    41    § 3. This act shall take effect on the one hundred eightieth day after
    42  it  shall have become a law. Effective immediately, the addition, amend-
    43  ment and/or repeal of any rule or regulation necessary for the implemen-
    44  tation of this act on its effective date are authorized to be  made  and
    45  completed on or before such effective date.
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