4. "INFRASTRUCTURE" MEANS A NONMILITARY STRUCTURE OR FACILITY, AND ANY
EQUIPMENT AND ANY NONSTRUCTURAL ELEMENTS ASSOCIATED WITH SUCH A STRUC-
TURE OR FACILITY, INCLUDING:
(A) A SURFACE TRANSPORTATION FACILITY (SUCH AS A ROAD, BRIDGE, TUNNEL,
HIGHWAY, PUBLIC TRANSPORTATION FACILITY, AND FREIGHT AND PASSENGER
RAIL), AS THE COMMISSION DETERMINES TO BE APPROPRIATE;
(B) A MASS TRANSIT FACILITY;
(C) AN AIRPORT OR AIRWAY FACILITY;
(D) A RESOURCE RECOVERY FACILITY;
(E) A WATER SUPPLY AND DISTRIBUTION SYSTEM;
(F) A WASTEWATER COLLECTION, CONVEYANCE, OR TREATMENT SYSTEM, AND
RELATED FACILITIES;
(G) A STORMWATER TREATMENT SYSTEM TO MANAGE, REDUCE, TREAT OR REUSE
MUNICIPAL STORMWATER;
(H) WATERWAYS, LOCKS, DAMS AND ASSOCIATED FACILITIES;
(I) A BREAKWATER, LEVEE OR ANY RELATED FLOOD DAMAGE REDUCTION FACILI-
TY;
(J) A DOCK OR PORT;
(K) A SOLID WASTE DISPOSAL FACILITY;
(L) A FACILITY ESSENTIAL TO THE OPERATION OF TELECOMMUNICATIONS EQUIP-
MENT, AS THE COMMISSION DETERMINES TO BE APPROPRIATE; AND
(M) A FACILITY ESSENTIAL TO THE SUPPLY OF ENERGY, INCLUDING BUT NOT
LIMITED TO ENERGY IN THE FORM OF ELECTRICITY, NATURAL GAS, COAL, OIL AND
OTHER PETROLEUM PRODUCTS, AND STEAM, AS THE COMMISSION DETERMINES TO BE
APPROPRIATE.
5. "NONSTRUCTURAL ELEMENTS" MEANS:
(A) ANY FEATURE THAT PRESERVES AND RESTORES A NATURAL PROCESS, A LAND-
FORM (INCLUDING A FLOODPLAIN), A NATURAL VEGETATED STREAM SIDE BUFFER,
WETLAND, OR ANY OTHER TOPOGRAPHICAL FEATURE THAT CAN SLOW, FILTER, AND
NATURALLY STORE STORMWATER RUNOFF AND FLOOD WATERS;
(B) ANY NATURAL DESIGN TECHNIQUE THAT PERCOLATES, FILTERS, STORES,
EVAPORATES AND DETAINS WATER CLOSE TO THE SOURCE OF THE WATER; AND
(C) ANY FEATURE THAT MINIMIZES OR DISCONNECTS IMPERVIOUS SURFACES TO
SLOW RUNOFF OR ALLOW PRECIPITATION TO PERCOLATE.
6. "MAINTENANCE" MEANS ANY REGULARLY SCHEDULED ACTIVITY, SUCH AS A
ROUTINE REPAIR, INTENDED TO ENSURE THAT INFRASTRUCTURE CONTINUES TO
OPERATE EFFICIENTLY AND AS INTENDED.
7. "REHABILITATION" MEANS AN ACTION TO EXTEND THE USEFUL LIFE OR
IMPROVE THE EFFECTIVENESS OF EXISTING INFRASTRUCTURE, INCLUDING:
(A) THE CORRECTION OF A DEFICIENCY;
(B) THE MODERNIZATION OR REPLACEMENT OF EQUIPMENT;
(C) THE MODERNIZATION OF, OR REPLACEMENT OF PARTS FOR, ROLLING STOCK
RELATING TO INFRASTRUCTURE;
(D) THE USE OF NONSTRUCTURAL ELEMENTS; AND
(E) THE REMOVAL OF INFRASTRUCTURE THAT IS DETERIORATED OR NO LONGER
USEFUL.
S 251. COMMISSION ON THE INFRASTRUCTURE OF NEW YORK STATE; CREATION;
PROCEDURE. 1. THE COMMISSION ON THE INFRASTRUCTURE OF NEW YORK STATE IS
HEREBY CREATED TO HAVE AND EXERCISE THE POWERS, DUTIES AND PREROGATIVES
PROVIDED BY THE PROVISIONS OF THIS ARTICLE AND ANY OTHER PROVISION OF
LAW.
2. THE PURPOSE OF THE COMMISSION IS TO ENSURE THAT THE INFRASTRUCTURE
OF THE STATE MEETS CURRENT AND FUTURE DEMAND AND FACILITATES ECONOMIC
GROWTH, IS MAINTAINED IN A MANNER THAT ENSURES PUBLIC SAFETY, AND IS
DEVELOPED OR MODIFIED IN A SUSTAINABLE MANNER.
S. 2197 3
3. THE COMMISSION SHALL CONSIST OF FIVE MEMBERS APPOINTED BY THE
GOVERNOR, ONE OF WHOM SHALL BE APPOINTED UPON THE RECOMMENDATION OF THE
TEMPORARY PRESIDENT OF THE SENATE, ONE OF WHOM SHALL BE APPOINTED UPON
THE RECOMMENDATION OF THE SPEAKER OF THE ASSEMBLY, AND ONE OF WHOM SHALL
BE APPOINTED UPON THE RECOMMENDATION OF THE COMPTROLLER. EACH MEMBER OF
THE COMMISSION SHALL HAVE EXPERIENCE IN ONE OR MORE OF THE FIELDS OF
ECONOMICS, PUBLIC ADMINISTRATION, CIVIL ENGINEERING, PUBLIC WORKS,
CONSTRUCTION OR A RELATED DESIGN PROFESSION, PLANNING, PUBLIC INVESTMENT
FINANCING, ENVIRONMENTAL ENGINEERING, OR WATER RESOURCES ENGINEERING.
THE TERM OF THE MEMBERS FIRST APPOINTED SHALL EXPIRE JANUARY
THIRTY-FIRST, TWO THOUSAND THIRTEEN, AND THEREAFTER THEIR SUCCESSORS
SHALL SERVE FOR TERMS OF TWO YEARS ENDING ON JANUARY THIRTY-FIRST IN
EACH YEAR. UPON RECOMMENDATION OF THE NOMINATING OFFICIAL, THE GOVERNOR
MAY REPLACE ANY MEMBER IN ACCORDANCE WITH THE PROVISIONS OF THIS SUBDI-
VISION FOR THE APPOINTMENT OF MEMBERS. THE GOVERNOR SHALL DESIGNATE ONE
OF THE MEMBERS TO SERVE AS CHAIR. ANY DETERMINATION OF THE COMMISSION
SHALL BE EVIDENCED BY A CERTIFICATION THEREOF EXECUTED BY ALL THE VOTING
MEMBERS. EACH MEMBER OF THE COMMISSION SHALL BE ENTITLED TO DESIGNATE A
REPRESENTATIVE TO ATTEND MEETINGS OF THE COMMISSION IN HIS OR HER PLACE,
AND TO VOTE OR OTHERWISE ACT ON HIS OR HER BEHALF IN HIS OR HER ABSENCE.
NOTICE OF SUCH DESIGNATION SHALL BE FURNISHED IN WRITING TO THE COMMIS-
SION BY THE DESIGNATING MEMBER. A REPRESENTATIVE SHALL SERVE AT THE
PLEASURE OF THE DESIGNATING MEMBER DURING THE MEMBER'S TERM OF OFFICE. A
REPRESENTATIVE SHALL NOT BE AUTHORIZED TO DELEGATE ANY OF HIS OR HER
DUTIES OR FUNCTIONS TO ANY OTHER PERSON. THE COMMISSION SHALL MEET AT
THE CALL OF THE CHAIR OR UPON REQUEST OF THE MAJORITY OF THE MEMBERS. A
MAJORITY OF THE MEMBERS OF THE COMMISSION SHALL CONSTITUTE A QUORUM, BUT
A LESSER NUMBER OF MEMBERS MAY CONDUCT HEARINGS.
4. NOTWITHSTANDING ANY INCONSISTENT PROVISION OF LAW, NO OFFICER OR
EMPLOYEE OF THE STATE, OF ANY POLITICAL SUBDIVISION OF THE STATE, OF ANY
GOVERNMENTAL ENTITY OPERATING ANY PUBLIC SCHOOL OR COLLEGE, OR OF ANY
OTHER PUBLIC AGENCY OR INSTRUMENTALITY OR UNIT OF GOVERNMENT WHICH EXER-
CISES GOVERNMENTAL POWERS UNDER THE LAWS OF THE STATE, SHALL FORFEIT
SUCH OFFICE OR EMPLOYMENT BY REASON OF ACCEPTANCE OR APPOINTMENT AS A
MEMBER, REPRESENTATIVE, OFFICER, EMPLOYEE OR AGENT OF THE COMMISSION NOR
SHALL SERVICE AS SUCH MEMBER, REPRESENTATIVE, OFFICER, EMPLOYEE OR AGENT
OF THE COMMISSION BE DEEMED INCOMPATIBLE OR IN CONFLICT WITH SUCH OFFICE
OR EMPLOYMENT. THE MEMBERS, THEIR REPRESENTATIVES, OFFICERS AND STAFF TO
THE COMMISSION SHALL BE DEEMED EMPLOYEES WITHIN THE MEANING OF SECTION
SEVENTEEN OF THE PUBLIC OFFICERS LAW.
5. THE MEMBERS OF THE COMMISSION SHALL SERVE WITHOUT SALARY OR PER
DIEM ALLOWANCE BUT SHALL BE ENTITLED TO REIMBURSEMENT FOR ACTUAL AND
NECESSARY EXPENSES INCURRED IN THE PERFORMANCE OF OFFICIAL DUTIES PURSU-
ANT TO THIS ARTICLE OR OTHER PROVISION OF LAW; PROVIDED, HOWEVER, THAT
SUCH MEMBERS AND REPRESENTATIVES ARE NOT, AT THE TIME SUCH EXPENSES ARE
INCURRED, PUBLIC EMPLOYEES OTHERWISE ENTITLED TO SUCH REIMBURSEMENT.
S 252. POWERS AND DUTIES. 1. THE COMMISSION SHALL HAVE THE POWER TO:
(A) ESTABLISH AND MAINTAIN A PRINCIPAL OFFICE WITHIN THE STATE;
(B) APPOINT A SECRETARY, COUNSEL, AND SUCH OTHER EMPLOYEES AND AGENTS
AS IT MAY DEEM NECESSARY, FIX THEIR COMPENSATION WITHIN THE LIMITATIONS
PROVIDED BY LAW AND SUBJECT TO THE AVAILABILITY OF APPROPRIATIONS THERE-
FOR, AND PRESCRIBE THEIR DUTIES;
(C) HOLD SUCH HEARINGS, MEET AND ACT AT SUCH TIMES AND PLACES, TAKE
SUCH TESTIMONY, ADMINISTER SUCH OATHS OR AFFIRMATIONS AND RECEIVE SUCH
EVIDENCE AS THE COMMISSION CONSIDERS ADVISABLE TO CARRY OUT ITS RESPON-
SIBILITIES;
S. 2197 4
(D) REQUIRE THE PRODUCTION OF ANY BOOKS AND PAPERS DEEMED RELEVANT, OR
MATERIAL TO ANY INVESTIGATION, EXAMINATION OR REVIEW;
(E) REQUEST AND RECEIVE FROM ANY DEPARTMENT, DIVISION, BOARD, COMMIS-
SION OR OTHER AGENCY OF THE STATE, INCLUDING ANY PUBLIC AUTHORITY OR
PUBLIC BENEFIT CORPORATION, ONE OR MORE OF THE MEMBERS OF WHICH IS
APPOINTED BY THE GOVERNOR, OR FROM ANY POLITICAL SUBDIVISION OF THE
STATE, ANY INFORMATION AND RESOURCES NECESSARY TO CARRY OUT THE RESPON-
SIBILITIES AND PROVISIONS SET FORTH IN THIS SECTION;
(F) ENTER INTO CONTRACTS WITH ANY PERSON, FIRM, PARTNERSHIP, LIMITED
LIABILITY COMPANY, CORPORATION, NOT-FOR-PROFIT CORPORATION, POLITICAL
SUBDIVISION OF THE STATE, OR GOVERNMENTAL ENTITY;
(G) ACCEPT, AS AGENT OF THE STATE, ANY GIFT, GRANT, DEVISE OR BEQUEST,
WHETHER CONDITIONAL OR UNCONDITIONAL NOTWITHSTANDING THE PROVISIONS OF
SECTION ELEVEN OF THIS CHAPTER, INCLUDING FEDERAL GRANTS, FOR ANY OF THE
PURPOSES OF THIS ARTICLE. ANY MONIES SO RECEIVED MAY BE EXPENDED BY THE
COMMISSION TO EFFECTUATE ANY PURPOSE OF THIS ARTICLE, SUBJECT TO THE
SAME LIMITATIONS AS TO APPROVAL OF EXPENDITURES AND AUDIT AS ARE
PRESCRIBED FOR STATE MONIES APPROPRIATED FOR THE PURPOSES OF THIS ARTI-
CLE;
(H) ISSUE SUCH REPORTS AND OTHER DOCUMENTS AS THE COMMISSION DETER-
MINES TO BE NECESSARY OR ADVISABLE;
(I) ADVISE AND MAKE RECOMMENDATIONS TO THE GOVERNOR, THE LEGISLATURE,
THE COMPTROLLER, AND OTHER AGENCIES, AUTHORITIES AND POLITICAL SUBDIVI-
SIONS OF THE STATE ON MATTERS AFFECTING THE CONDITION OF THE STATE'S
INFRASTRUCTURE; AND
(J) PERFORM ANY OTHER FUNCTIONS THAT ARE NECESSARY OR APPROPRIATE TO
FULFILL THE DUTIES AND RESPONSIBILITIES OF THE OFFICE.
2. THE COMMISSION SHALL BE EMPOWERED TO INITIATE, INTERVENE IN OR
PARTICIPATE IN ANY PROCEEDINGS BEFORE THE PUBLIC SERVICE COMMISSION OR
OTHER AGENCY OR ENTITY, TO THE EXTENT THAT SUCH PROCEEDINGS ARE RELATED
TO THE PROPER PLANNING, FINANCING, CONSTRUCTION, MAINTENANCE OR REHABIL-
ITATION OF INFRASTRUCTURE UNDER THE REGULATORY JURISDICTION OF SUCH
COMMISSION, AGENCY OR ENTITY.
3. THE COMMISSION SHALL STUDY THE CONDITION OF THE INFRASTRUCTURE OF
THE STATE ON AN ONGOING BASIS, INCLUDING BUT NOT LIMITED TO A REVIEW OF
THE FOLLOWING MATTERS:
(A) THE CAPACITY OF INFRASTRUCTURE TO SUSTAIN CURRENT AND ANTICIPATED
ECONOMIC DEVELOPMENT AND COMPETITIVENESS, INCLUDING LONG-TERM ECONOMIC
GROWTH, INCLUDING THE POTENTIAL RETURN TO THE STATE ECONOMY ON INVEST-
MENTS IN NEW INFRASTRUCTURE AS OPPOSED TO INVESTMENTS IN EXISTING
INFRASTRUCTURE;
(B) THE AGE AND CONDITION OF PUBLIC INFRASTRUCTURE (INCLUDING
CONGESTION AND CHANGES IN THE CONDITION OF THAT INFRASTRUCTURE AS
COMPARED WITH PRECEDING YEARS);
(C) THE METHODS USED TO FINANCE THE CONSTRUCTION, ACQUISITION, REHA-
BILITATION AND MAINTENANCE OF INFRASTRUCTURE (INCLUDING GENERAL OBLI-
GATION BONDS, TAX-CREDIT BONDS, REVENUE BONDS, USER FEES, EXCISE TAXES,
DIRECT GOVERNMENTAL ASSISTANCE AND PRIVATE INVESTMENT);
(D) ANY TRENDS OR INNOVATIONS IN METHODS USED TO FINANCE THE
CONSTRUCTION, ACQUISITION, REHABILITATION AND MAINTENANCE OF INFRASTRUC-
TURE;
(E) INVESTMENT REQUIREMENTS, BY TYPE OF INFRASTRUCTURE, THAT ARE
NECESSARY TO MAINTAIN THE CURRENT CONDITION AND PERFORMANCE OF THE
INFRASTRUCTURE AND THE INVESTMENT NEEDED (ADJUSTED FOR INFLATION AND
EXPRESSED IN REAL DOLLARS) TO IMPROVE INFRASTRUCTURE IN THE FUTURE;
S. 2197 5
(F) BASED ON THE CURRENT LEVEL OF EXPENDITURE (CALCULATED AS A
PERCENTAGE OF TOTAL EXPENDITURE AND IN CONSTANT DOLLARS) BY FEDERAL,
STATE AND LOCAL GOVERNMENTS:
(I) THE PROJECTED AMOUNT OF NEED THE EXPENDITURES WILL MEET FIVE,
FIFTEEN, THIRTY AND FIFTY YEARS AFTER THE EFFECTIVE DATE OF THIS ARTI-
CLE; AND
(II) THE LEVELS OF INVESTMENT REQUIREMENTS, AS IDENTIFIED IN PARAGRAPH
(E) OF THIS SUBDIVISION;
(G) TRENDS OR INNOVATIONS IN INFRASTRUCTURE PROCUREMENT METHODS;
(H) TRENDS OR INNOVATIONS IN CONSTRUCTION METHODS OR MATERIALS FOR
INFRASTRUCTURE;
(I) THE IMPACT OF LOCAL DEVELOPMENT PATTERNS OF DEMAND FOR FUNDING OF
INFRASTRUCTURE;
(J) THE IMPACT OF DEFERRED MAINTENANCE; AND
(K) THE COLLATERAL IMPACT OF DETERIORATED INFRASTRUCTURE.
4. THE COMMISSION SHALL DEVELOP RECOMMENDATIONS BASED ON INITIAL
STUDIES UNDERTAKEN PURSUANT TO SUBDIVISION THREE OF THIS SECTION, AND
SHALL REPORT ITS FINDINGS AND RECOMMENDATIONS TO THE GOVERNOR, THE
LEGISLATURE AND THE COMPTROLLER NOT LATER THAN EIGHTEEN MONTHS AFTER THE
EFFECTIVE DATE OF THIS ARTICLE. THE RECOMMENDATIONS OF THE COMMISSION
SHALL INCLUDE RECOMMENDED IMPROVEMENTS IN PRIORITIZING THE PLANNING AND
FUNDING OF INFRASTRUCTURE INVESTMENTS, IMPROVED PROCEDURES FOR ENSURING
THAT SCHEDULES FOR MAINTENANCE AND REHABILITATION OF INFRASTRUCTURE ARE
ADHERED TO, AND IMPROVEMENTS IN CRITERIA AND PROCEDURES THAT MAY BE USED
BY STATE AGENCIES AND AUTHORITIES AND LOCAL GOVERNMENTS IN:
(A) INVENTORYING EXISTING AND NEEDED INFRASTRUCTURE IMPROVEMENTS;
(B) ASSESSING THE CONDITION OF INFRASTRUCTURE IMPROVEMENTS;
(C) DEVELOPING UNIFORM CRITERIA AND PROCEDURES FOR USE IN CONDUCTING
THE INVENTORIES AND ASSESSMENTS; AND
(D) MAINTAINING DATA IN A FORM THAT IS READILY ACCESSIBLE TO THE
PUBLIC.
5. THE COMMISSION SHALL REPORT UPDATED FINDINGS AND RECOMMENDATIONS IN
A MANNER CONSISTENT WITH THE PROVISIONS OF SUBDIVISION FOUR OF THIS
SECTION. SUCH REPORTS SHALL BE ISSUED NOT LATER THAN THE LAST DAY OF THE
CALENDAR YEAR FOLLOWING THE YEAR IN WHICH THE REPORT REQUIRED BY SUBDI-
VISION FOUR OF THIS SECTION IS ISSUED AND, THEREAFTER, ON AN ANNUAL
BASIS.
6. THE COMMISSION SHALL ADVOCATE FOR THE NEED FOR EQUITABLE TREATMENT
OF THE INFRASTRUCTURE NEEDS OF THE STATE IN ANY APPROPRIATE FEDERAL
PROCEEDING AND IN ANY MATTER OTHERWISE UNDER CONSIDERATION BY THE FEDER-
AL GOVERNMENT. THE COMMISSION SHALL MONITOR AND PARTICIPATE IN ANY EVAL-
UATIONS CONDUCTED BY FEDERAL AGENCIES OF THE STATE OF THE INFRASTRUCTURE
OF THE UNITED STATES.
S 2. This act shall take effect on the sixtieth day after it shall
have become a law.