Will anyone deliver leadership?
Delivery workers rallied outside Gov. Hochul's Midtown office on Wednesday to oppose her proposed e-bike regulations while wondering what Mayor Adams plans to do after leaking a plan for an app-industry overhaul that appears to be dead with the resignation of the deputy mayor who created it.
Without a clear plan from actual electeds, advocates are stuck in a holding pattern for solving the multi-faceted problem that comprises battery fires, illegal mopeds, workplace injustice and roadway safety.
"It’s hard to these conversations without the ammunition of what good legislation or good ideas look like,” said Shawn Garcia, director of advocacy at Transportation Alternatives. "It’s been the biggest struggle for us around the e-bike conversation because even internally within the bicycle community, people are conflicted and want real solutions."
For now, workers know what they don't want — two proposals offered by Gov. Hochul that would allow the city to establish a bike lane speed limit to be enforced by the NYPD, and the reclassification of 100-pound Class III e-bikes as mopeds – meaning riders would need a license and registration.
“These proposals will turn our city’s bike lanes into a ticketing-to-deportation pipeline that will do Trump’s dirty work for him, criminalizing hard-working New Yorkers as a pretext for cruelly removing them from their communities,” said Ligia Guallpa, the executive director of Worker’s Justice Project, which includes Los Deliveristas Unidos.
A spokesperson for the governor defended the proposals as centering safety.
"These proposals reflect Gov. Hochul's commitment to ensuring roadway safety for all users and we look forward to working with the Legislature throughout the budget process to achieve that goal," the spokesperson said in a statement.
The rally against Hochul’s proposals highlighted the lack of follow-up from Mayor Adams since he announced in January 2024 that he would create a Department of Sustainable Delivery to regulate the industry.
The administration did leak a proposal that could turn the industry upside down — app companies would have to pay to register with the city, keep a roster of workers, and eventually provide workers with safe equipment. But Deputy Mayor for Operations Meera Joshi, who was leading the charge on regulating the app industry, has since resigned, putting the proposal in limbo.
“That’s been our fear,” said Garcia, of the leaked bill's uncertain future. “We’ve had conversations with partners in government and we say that [the bill] needs to move forward.
"[Without a plan] there is going to continue to be this reaction from generally concerned elected officials and community members who don’t want the pain points, the friction points, the conflicts that we know are happening,” added Garcia.
In this vacuum, the City Council has taken up multiple bills that would affect e-bikes and change labor requirements for the app companies:
- Intro 606, introduced by Council Member Bob Holden (D-Queens), would require the DOT create a system to register and license all e-bikes, including electric Citibikes. The DOT opposes the bill, saying there is no evidence that registration improves safety and that it would cost the department $19 million per year to create a new licensing program.
- Intro 1133, introduced by Council Member Jennifer Gutiérrez (D-Brooklyn), would require the Department of Consumer and Worker Protection to expand the current minimum wage to include all “contracted delivery workers who deliver goods for a delivery service.” It would also require the department to study the working conditions of these workers and require app companies to provide workers with some equipment pertinent to their jobs.
- Intro 1135, introduced by Council Member Sandy Nurse (D-Brooklyn), would specifically require “third-party grocery delivery services,” like Instacart, meet or exceed the minimum pay rate guaranteed to deliveristas.
The three bills have all had hearings, but remain in stasis.
In addition, enforcement of current regulations falls on four different city agencies. The Department of Transportation maintains city streets and bike lanes, but the NYPD enforces traffic laws. The Department of Consumer and Worker Protection oversees enforcement of the uncertified lithium-ion batteries that power e-bikes often used by delivery workers — but violations have gone to the NYPD or FDNY. DCWP also enforces and manages the restaurant delivery worker minimum wage.
So, what do City Hall hopefuls say?
City Comptroller Brad Lander, who is also running for mayor, testified in support of Hochul's proposals. Lander also released a report last year advocating for a registration system for app-based food delivery companies much like the Taxi and Limousine Commission oversees Uber and Lyft.
Lander's statements on the issue have acknowledged the fear some New Yorkers feel about e-bikes, while pushing for regulation to burden app companies, not individual workers.
“Pedestrians shouldn’t feel on edge every time they step outside their apartment," Lander's report said. "At the same time, we can’t put the genie back in the bottle; many New Yorkers have come to rely on these affordable and environmentally sustainable modes of transportation. By cutting-off illegal vehicle supply at point-of-sale, holding app-delivery companies accountable, and making enforcement more consistent and strategic, we can make sure all New Yorkers feel safe and comfortable on our streets, whatever modes of transportation they use."
Scott Stringer called out the mayor's lack of follow-through, but praised the leaked bill: "A blind squirrel finds a nut every once in a while!"
"Although there have been champions for a variety of solutions, no one has emerged as a leader in this fight. I would fill that void," Stringer told Streetsblog. "The lack of follow-through on the mayor’s leaked plan is one of many examples of the Adams administration’s inability to govern — a situation only made worse by the resignation of Deputy Mayor Meera Joshi."
Another mayoral hopeful, state Sen. Zellnor Myrie of Brooklyn said Adams "grossly failed" to regulate both e-bikes and the delivery industry.
"Even as e-bike popularity has grown dramatically post-pandemic, the administration has been caught flat-footed in implementing a regulatory regime that will strengthen public safety and protect deliveristas' jobs. As Mayor, I would make it a major priority to roll-out much-needed regulations on this rapidly growing industry," said Myrie.
State Sen. Jessica Ramos of Queens told Streetsblog that the city failed to learn lessons from regulating ride share companies like Uber and Lyft and that the administration is behind on regulatory promises.
"While the establishment of a delivery workers minimum pay standard was helpful, I would argue that City Hall is already behind in their ability to reign in the for-hire delivery apps," said Ramos. "City Hall needs to recognize that our street space is a workplace for many New Yorkers, and it is likely that this is going to fall on the next admin to redesign our streets both physically and in the regulatory sense, to keep them safe for pedestrians and workers."
Philanthropist Whitney Tilson, another democratic candidate, told Streetsblog that he agrees with the leaked bill’s priorities.
“I’ve been riding my bike almost every day in the streets of New York for more than 30 years, and it’s become a lot more dangerous for cyclists and pedestrians due to the large increase in the number of large, heavy, fast e-bikes,” said Tilson. “I support the general outlines of the leaked proposal by Mayor Adams, with an emphasis on holding delivery companies accountable. Hard-working delivery workers shouldn’t lose income or be pressured to speed and break traffic laws.”
The press offices of City Hall and the City Council did not respond to Streetsblog's questions.
