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A09363 Summary:

BILL NOA09363A
 
SAME ASSAME AS S09055
 
SPONSORBerger
 
COSPNSR
 
MLTSPNSR
 
Add §1290, V & T L; add §99-uu, 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--A
 
                               2025-2026 Regular Sessions
 
                   IN ASSEMBLY
 
                                    December 19, 2025
                                       ___________
 
        Introduced by M. of A. BERGER -- read once and referred to the Committee
          on Transportation -- recommitted to the Committee on Transportation in
          accordance  with Assembly Rule 3, sec. 2 -- committee discharged, bill
          amended, ordered reprinted as amended and recommitted to said  commit-
          tee

        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-uu
    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
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13835-03-6

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