Jessica Lappin, Liz Krueger and supporters outside City Hall Tuesday. Photo: Jake Dobkin/Gothamist

On Tuesday, Lappin announced legislation that would raise the fine for riding an electric-assisted bike to $1000. Though the bikes are already illegal, and the current fine is $500 — a hefty sum for many New Yorkers, much less the delivery workers targeted by the bill — Lappin believes a stiffer financial penalty is in order.

”They are a nightmare for pedestrians,” said Lappin, joined by state Senator Liz Krueger on the steps of City Hall. ”My office receives constant complaints about them riding on the sidewalks, traveling opposite traffic, running red lights, just being reckless and dangerous.” Said Krueger: “Who will think of the mothers pushing carriages who are at risk for their lives?”

The bill also got the backing of David Pollack, executive director of a medallion licensing group called the Committee for Taxi Safety. According to Gothamist, Pollack called the bikes a “menace to little children” and a “menace to society.” Pollack apparently got through the presser without his pants actually bursting into flame.

Which leads to our point. Law-breaking by electric bike riders may be a problem in Lappin’s Upper East Side district. If so, it’s a problem that has yet to be quantified. NYPD doesn’t collect data on e-bike summonses or crashes, and other than unsubstantiated anecdotes, the only supporting evidence presented for the bill is a constituent opinion poll conducted by Lappin’s office.

We do know that in Lappin’s district, 29 pedestrians and six cyclists were killed by drivers between 1995 and 2009, while motorists injured 3,463 pedestrians and 974 cyclists during the same time span, according to DMV data compiled by Transportation Alternatives’ CrashStat. We know that $1000 rivals or exceeds the fines for many moving violations, including speeding and failure to yield. And we know that in the rare instance when punishment is administered at all, the prevailing penalty for a driver who fatally runs down a pedestrian is $500.

So by all means, let’s get a handle on the e-bike nuisance. But let’s also get our priorities straight.

Bus lanes planned for the B44 corridor in Brooklyn would miss out on camera enforcement under the Senate's budget resolution. Image: NYCDOT

The Senate version limits camera enforcement to existing bus lanes. That could slow down riders on new Select Bus Service routes, including parts of First and Second Avenues and upgrades slated to improve trips for tens of thousands of riders in Brooklyn and Staten Island.

While the Senate passed its budget resolution Monday night, there's still a window to restore better bus cam provisions. The governor, the Senate, and the Assembly must all reach a budget agreement, and the bus cam language won't be final until they do.

State Senate transportation chair Martin Malave Dilan.

If the Senate language were to emerge from the budget process, riders on the B44 route in Brooklyn, which currently has no bus lane, would lose out. The B44 serves 42,000 riders daily and received the Straphangers Campaign 2009 Schleppie Award as the city's most unreliable bus route. SBS upgrades on the B44 recently received a $28 million federal funding commitment and could go into effect as soon as 2012.

Some of the route falls within the district of Martin Malave Dilan, chair of the Senate Transportation Committee.

Graham Parker, a spokesperson for Dilan's office, described the Senate bus cam language as an attempt to establish a "pilot program" that would be monitored and evaluated before being expanded. (New York's red light camera program is also designated as a pilot, which must be renewed and expanded with Albany's approval, even though it's been around for the better part of two decades.) He indicated that the Senate would consider amending its resolution to enable camera enforcement on new SBS routes. "We'll take a look at it, if it's something that needs to be included in this pilot program," he said.

On the East Side of Manhattan, long sections of First and Second Avenues already have designated bus lanes, but significant stretches do not, leaving parts of the Select Bus Service route slated to debut later this year vulnerable under the Senate language. Select Bus Service planned for Hylan Boulevard in Staten Island would also be compromised.

State Senator Liz Krueger, who has advocated for strong bus enhancements for her East Side constituents, is "very concerned" about the Senate bus cam provisions, said a spokesperson, and will work to change the language in the budget.

Over in the Assembly, where transportation chair David Gantt killed bus cams two years ago, Sheldon Silver's house is expected to pass a budget resolution this afternoon.

Assembly Member Brian Kavanagh, Council Member Melissa Mark-Viverito, and State Senator Liz Krueger want to see the MTA and DOT take their plan for First and Second Avenues further.

After two years of breaking new ground and raising expectations for sustainable street design -- with the city's first Select Bus Service route on Fordham Road, its first protected bikeways, and the complete transformation of Times Square -- DOT now faces pressure from elected officials who want to see an even better outcome for the majority of their constituents who walk, bike, and ride the bus.

Assembly Member Brian Kavanagh, who called the presentation "a good beginning," was skeptical of the agencies' claim that the package of bus improvements in the plan -- which did not include physically separated lanes -- would deliver 20 to 25 percent reductions in travel time.

"We want to see a rigorous analysis of the tradeoffs they're making between transit improvements and maintaining traffic flow," he said. "I think that 20 percent is optimistic... Even if we were to achieve 20 percent, I think that there may be opportunities to improve bus service even further."

The Assembly member took issue with the contention of the MTA's Ted Orosz, who postulated that illegally parked trucks would disrupt bus service in separated lanes. "Other cities, and certainly New York, can figure out how to prevent a Snapple truck from parking in a bus lane," he said. "There are certainly ways to configure this that would reduce the chance that traffic's going to block it."

City Council Member Melissa Mark-Viverito, who represents East Harlem and parts of the Bronx, called the plan "a great start" in an email to Streetsblog, while also calling on the MTA and NYCDOT to "move forward with an even better plan."

"I am particularly encouraged by the proposed creation of protected bike lanes, which will go a long way to promote the use of bicycles," she said. "However, I urge the MTA and NYCDOT to consider including separated bus lanes into their plan for the East Side. Many of my constituents depend on the First and Second Avenue buses to get around, and separated bus lanes will make their everyday trips both quicker and safer."

Both Mark-Viverito and Council Member Dan Garodnick noted that East Side residents can help determine the final shape of the project. "The East Side stands to benefit from dynamic changes to bus service on a route that desperately needs it," said Garodnick.  "The way to get the best possible result is by getting all the details right -- making buses easy to board, clearly identifying shared travel lanes for bicyclists, placing bus stops in the most appropriate locations. It is not often that we have a chance to remake the way we travel and commute, so East Siders should take this opportunity to offer their input."

State Senator Liz Krueger -- like Kavanagh, Mark-Viverito, and Garodnick, an East Side representative and supporter of separated bus and bike lanes in the project -- succinctly outlined the political space that now exists for something bolder than the MTA and DOT's first draft. "While she was pleased with some aspects of the plan," said a Krueger spokesperson, "she is still very concerned that the plan does not go far enough."

Senator Liz Krueger, a Democrat from Manhattan, immediately issued a statement condemning the measure:

S.7594-B, introduced by Senator Andrew Lanza (R-Staten Island), would exempt gasoline and diesel from the State's excise tax, Sales Tax, and Petroleum Business Tax, from May 23, 2008 to September 2, 2008.  These taxes are currently used to provide funds for highways, roads, bridges, and mass transit.  By suspending the taxes the Senate Republicans will create an estimated $600 million budget gap for these necessary services.

"This bill is obviously meant to prey on the desperate need for relief of New York's suffering drivers," said Senator Liz Krueger.  "In reality this bill will only worsen the economic crisis in New York, and at best result in little to none of the intended aid.  Increased demand will lead to higher prices and negate any positive effect the gas tax holiday was meant to have."

So far so good, but then Krueger serves up a cocktail of alternative policies meant to ease the burden on drivers. Even in relatively rail-rich New York, transit doesn't enter the picture.

Among the ideas she floats, which were all proposed by Senate Democrats and rejected by Republicans:

Initiating a middle income gas and diesel fuel tax rebate program, which will give a $100 tax rebate to all New Yorkers, who earn $75,000 or less, that live in and have a vehicle registered in New York.

Instituting criminal penalties for price gouging and increasing fines of offenders to $25,000. 

But if the goal is to lower people's transportation costs, why reward only car owners? How about packaging that relief in the form of incentives to take transit instead of driving? And why promote the idea that gas prices will go down if only those "price gougers" along the supply chain would stop taking advantage of innocent consumers?

While Krueger does mention conservation and reducing the gas consumption of the state's vehicle fleet, encouraging non-government workers to drive less is noticeably absent from her proposals. As the summer driving season gets underway, will any politician outside the second smallest state in the union have the guts to talk about mode switch?

Dear Friend:

I am writing you because you have previously contacted me regarding Mayor Bloomberg’s PlaNYC and the Congestion Pricing Plan. I have just been informed that the New York City Traffic Congestion Mitigation Commission has scheduled its Manhattan hearing for this Thursday, October 25th at 6PM. The Commission is charged with developing a plan for addressing congestion in Manhattan which will then be submitted to both the City Council and the State Legislature for approval or rejection.

The details are as follows:

New York City Traffic Congestion Mitigation Commission Hearing
Thursday, October 25, 2007
6:00 PM
Hunter College – Kay Theatre
East 68th Street b/t Park and Lexington

I am extremely disturbed by the short notice provided for this hearing. I have discussed this issue with the members of the commission, and requested additional hearings be held in Manhattan with more adequate notice.

A copy of the hearing notice is available on my website at http://www.lizkrueger.com/congestion_mitigation_hearing_notice.doc. While the form indicates that testimony must be submitted in advance, I have been informed that given the lack of advance notice regarding the hearing, testifiers can bring copies to the hearing rather than submitting them in advance, if you indicate on the form you will be bringing testimony. However, you do need to register if you plan to testify. Because of the short notice, I recommend submitting your reply to the Commission via fax to 718-482-6686 or by email to: commission_mitigation_commission@dot.state.ny.us.

I urge you to join me at this hearing if possible, and to offer your opinions and suggestions regarding the best ways to address congestion in Manhattan.

Sincerely,

Liz Krueger
State Senator
WWW.LIZKRUEGER.COM <http://www.LIZKRUEGER.COM>

211 East 43rd Street, Suite #1300
New York, NY 10017
Tel: (212) 490-9535
Fax: (212) 490-2151 

Mayor Bloomberg praised the legislature and said that he is “confident that through our work with the commission, our proposal for congestion pricing will be implemented.”

The devil’s in the details says East Side Manhattan Senator Liz Krueger

• New York City Public Advocate Betsy Gotbaum
• Manhattan Borough President Scott M. Stringer
• New York State Senator Liz Krueger (District 26)
• New York State Senator Eric T. Schneiderman (District 31)
• New York State Senator Jose Serrano Jr. (District 28)
• New York State Assembly Member Karim Camara (District 43)
• New York State Assembly Member Adriano Espaillat (District 72)
• New York State Assembly Member Richard N. Gottfried (District 75)
• New York State Assembly Member Brian Kavanagh (District 74)
• New York City Council Member Gale A. Brewer (District 6)
• New York City Council Member Simcha Felder (District 44)
• New York City Council Member Daniel R. Garodnick (District 4)
• New York City Council Member James Sanders Jr. (District 31)
• New York City Council Member Larry B. Seabrook (District 12)
• New York City Council Member James Vacca (District 13)
• New York City Council Member Melissa Mark Viverito (District 8 )
• New York City Council Member David Yassky (District 33)

And here are some quotes from the Campaign's press release: 

State Senator Jose M. Serrano said, "I proudly endorse the many great proposals in Mayor Bloomberg's PlaNYC, including his call for congestion pricing. I believe congestion pricing is one of the keys to reducing automobile traffic and carbon emissions throughout the city. As an elected official representing parts of Upper Manhattan and The Bronx, my support is based upon assurances of a robust commitment to enhancing mass transit, and addressing the localized concerns of neighborhoods outside of the Central Business District. I applaud the Mayor for his great vision, and I look forward to working with him to make sure that vision becomes a reality."

State Senator Liz Krueger said, "Traffic congestion is much more than just an annoyance for drivers who get stuck in their vehicles - it has far-reaching negative consequences to New Yorkers' health and quality of life. There are senior citizens, the mobility-impaired, and families with young children who are regularly afraid to even leave the block they live on. Traffic 'blocking the box' places pedestrian safety at risk, allows less personal time for people to spend with their families, and leads to auto emissions that increase pollution and the asthma rate. A system of congestion pricing, implemented after improving access to, and the reliability of, mass transit in all 5 boroughs, will greatly benefit the every-day lives of all New Yorkers."

State Senator Schneiderman said, "The genius and breath of vision embodied in the PlaNYC proposal reminds us that government can act as an engine for bold social and transformative progress. It's like a twenty-first century, kinder and gentler Robert Moses."

New York State Assembly Member Karim Camara said, "New York City is experiencing amazing growth, and we are anticipating even further population expansion in the coming years. We must act now if we are to have any hope of accommodating such growth while also ensuring a clean, healthy environment for all New Yorkers."

New York Assembly Member Richard Gottfried said, "As Chairman of the Assembly Health Committee, I have witnessed firsthand the devastating effects of pollution and harmful emissions on New York's residents, especially those in our most vulnerable communities. It is a moral imperative, as well as an economic necessity, that we get serious about safeguarding our environment and providing all New Yorkers with cleaner air and more open spaces. For this reason, I enthusiastically endorse PlaNYC."

Said Council Member Gale A. Brewer of Manhattan, "I fully support Mayor Bloomberg's efforts as well as the concept of charging commuters who enter Manhattan. I agree we should put significant resources into improvements for mass transit before congestion pricing is implemented, including Bus Rapid Transit, regular buses, faster subways and more comfortable stations. My office has been committed to improving public transportation for all New Yorkers and I look forward to working with the MTA and DOT in implementing more change."

Council Member Simcha Felder said, "I applaud Mayor Bloomberg for his initiative with PlaNYC and I thank the Campaign for New York's Future for holding this event. While I believe it is essential to improve public transportation in the outer boroughs before implementing any form of congestion pricing - the Mayor deserves tremendous credit for bringing the issues of long-term planning and sustainability to the forefront of his agenda and opening a necessary dialogue about the future of New York City and large cities throughout the world."

Said Council Member Dan Garodnick, "We must not stick our head in the sand about the future of this City. We need to think boldly about the many housing, transportation and infrastructure concerns that lay before us. That's what PlaNYC does, and I am pleased to support its principles."

City Councilman James Vacca said, "In the years ahead, we can expect New Yorkers to live longer. We must plan now for what I call 'senior friendly' communities, which include open green space, air quality improvement and traffic mitigation. Traffic congestion and parking issues are becoming more profound each day. Improving mass transit access and reducing car usage to Manhattan, in my community and across the city, will address the all-day back-ups we now witness on highways and service roads spilling into local outer-borough communities."