E-Bikes and E-Scooter Rentals Won’t Be Allowed in N.Y. Anytime Soon

https://www.nytimes.com/2019/12/26/nyregion/Ebikes-scooters-Bill-ny.html

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Electric-scooter rentals will not be coming to New York and the electric bicycles favored by New York City delivery workers will remain illegal after Gov. Andrew M. Cuomo on Thursday vetoed a bill that would have legalized both types of battery-powered transport.

The veto was a blow to several constituencies: scooter companies that operate in dozens of cities in the United States and abroad and see New York as a lucrative, untapped market; delivery workers who rely on an illegal form of transportation to earn a living; and those pressing for ways to ease congestion on New York City’s traffic-choked streets.

In rejecting the legislation, Mr. Cuomo cited safety measures he said that he had sought in his proposed 2019 budget but that had been “inexplicably omitted” from the bill that cleared both houses of the State Legislature by overwhelming margins.

“Failure to include these basic measures renders this legislation fatally flawed,” the governor said in his veto message. He specifically referred to the lack of a requirement that riders of the battery-powered conveyances wear helmets as one of his main objections.

“Helmets are a common-sense requirement that should be imposed on operators of these vehicles to protect public safety,” Mr. Cuomo said, adding that he looked forward “to continuing this discussion in the 2020 legislative session.”

Supporters of the legislation expressed dismay over the governor’s move. Several said it would mean continuing hardship for delivery workers who face the threat of being fined up to $500 and having their bikes — throttle-controlled as opposed to pedal-assist — impounded with every ride they make.

The New York Police Department said on Thursday that it had issued 1,114 summonses for the operation of e-bicycles and e-scooters so far in 2019. A breakdown of how many of each had been subject to summonses was unavailable, but advocates for delivery workers said the police were generally more inclined to target electric bicycles.

As to how many of the vehicles had been seized, a spokesman said the department did not “capture data to that level of specificity.”

“Our state has failed to help tens of thousands of New Yorkers who desperately need relief from the punitive measures taken against them every day for merely doing their jobs,” said State Senator Jessica Ramos, a Queens Democrat and the lead sponsor of her chamber’s version of the legislation. Ms. Ramos vowed to work toward the bill’s passage again in 2020.

Danny Harris, the executive director of Transportation Alternatives, an advocacy organization, said in a statement that “Governor Cuomo, a supposed champion for immigrants and the working poor, has failed to protect 40,000 low-wage, mostly immigrant workers in New York.”

With his veto, Mr. Harris added, the governor had “blocked a critical path forward for new transportation alternatives that address congestion, reduce emissions and improve access to opportunity for all New Yorkers.”

The governor’s move won praise in some quarters.

“Kudos to @NYGovCuomo for keeping this off the streets of New York,” William J. Bratton, a former New York City police commissioner, wrote on Twitter.

The legislation, which was passed in June, would have allowed cities and towns around the state to set local rules for electric scooters and bicycles. Scooter rental companies like Bird and Lime would not have been allowed to operate in Manhattan.

Still, the scooter companies, which have spent heavily to lobby city and state lawmakers in hopes of opening up New York streets to their products, had welcomed the bill. On Thursday, one of the companies, Lime, said it was ready to see Mr. Cuomo’s concerns addressed.

“While it’s disappointing that this important bill will not become law this year, we’re hopeful that the administration will work swiftly with legislative leaders to improve mobility for all New Yorkers early in the New Year,” Phil Jones, Lime's senior government relations director, said in a statement.

Several cities in New Jersey have experimented with adding electric-scooter rentals to their streets under a state law passed in May, with at least two ending their programs after problems emerged.

Hoboken started a pilot program in May and stopped it last month amid a heated debate about safety. The City Council is considering whether to renew the program.

In Elizabeth, a 16-year-old boy became the first person killed while riding a shared electric scooter in New Jersey when he collided with a tow truck in November.

The death, which Mr. Cuomo mentioned in his veto message, came just three weeks after the city started its scooter program. The program was subsequently halted.

Given the huge majorities the New York bill attracted, lawmakers could presumably override Mr. Cuomo’s veto. But because the Legislature is now in recess, doing so would require a special session. There was no sign on Thursday that such a session was in the works.