NY State Assembly Bill 2021-A6664A

Assembly Bill A6664A

2021-2022 Legislative Session

Relates to public employees' supervision, examination, review, and determination of acceptability of public works projects performed by contractors

download bill text pdf

Archive: Last Bill Status - In Assembly Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 05, 2022	referred to ways and means
May 21, 2021	print number 6664a
May 21, 2021	amend and recommit to ways and means
May 11, 2021	reported referred to ways and means
Mar 24, 2021	referred to governmental operations

Bill Amendments

Original

A (Active)

2021-A6664 - Details

See Senate Version of this Bill:: S7244
Current Committee:: Assembly Ways And Means
Law Section:: Public Works
Laws Affected:: Amd Part F §§15-a & 15-b, Chap 60 of 2015
Versions Introduced in 2023-2024 Legislative Session:: A4720, S5664

2021-A6664 - Summary

Requires certain public employees to be on the site for the duration of public works projects completed by contractors; requires such certain public employees to review a contractor's work on public works projects and determine whether the work performed is acceptable.

2021-A6664 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6664
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 24, 2021
                                ___________
 
 Introduced by M. of A. McDONALD -- read once and referred to the Commit-
   tee on Governmental Operations
 
 AN ACT to amend the infrastructure investment act, in relation to public
   employees'  supervision,  examination,  review,  and  determination of
   acceptability of public works projects performed by contractors

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Sections 15-a and 15-b of part F of chapter 60 of the laws
 of 2015, as added by section 5 of part DD of chapter 58 of the  laws  of
 2020, are amended to read as follows:
   §  15-a.  Any contract awarded pursuant to this act shall be deemed to
 be awarded pursuant to a competitive procurement for purposes of section
 2879 of the public authorities law, PROVIDED THAT ALL CONTRACTS  AWARDED
 SHALL REQUIRE A PUBLIC EMPLOYEE OR PUBLIC EMPLOYEES, AS DEFINED BY PARA-
 GRAPH  (A)  OF SUBDIVISION 7 OF SECTION 201 OF THE CIVIL SERVICE LAW AND
 WHO ARE EMPLOYED BY AUTHORIZED ENTITIES AS DEFINED BY PARAGRAPH  (I)  OF
 SUBDIVISION  (A)  OF  SECTION  TWO OF THIS ACT, TO BE ON THE SITE OF THE
 PROJECT FOR THE DURATION OF SUCH PROJECT TO THE EXTENT DEEMED  APPROPRI-
 ATE  BY  SUCH  PUBLIC  EMPLOYEE OR EMPLOYEES. SUCH REQUIREMENT SHALL NOT
 LIMIT CONTRACTORS' OBLIGATIONS UNDER  DESIGN-BUILD  CONTRACTS  TO  ISSUE
 THEIR  OWN  INITIAL  CERTIFICATIONS  OF SUBSTANTIAL COMPLETION AND FINAL
 COMPLETION OR ANY OTHER OBLIGATIONS UNDER THE DESIGN-BUILD CONTRACTS.
   § 15-b. Public employees as defined by paragraph (a) of subdivision  7
 of  section 201 of the civil service law and who are employed by author-
 ized entities as defined in paragraph (i) of subdivision (a) of  section
 two of this act shall examine [and], review [certifications provided  by
 contractors  for  conformance  with],  AND  DETERMINE  WHETHER  THE WORK
 PERFORMED BY CONTRACTORS IS ACCEPTABLE AND HAS BEEN PERFORMED IN ACCORD-
 ANCE WITH THE APPLICABLE  DESIGN-BUILD  CONTRACTS.    SUCH  EXAMINATION,
 REVIEW,  AND DETERMINATION SHALL INCLUDE, BUT NOT BE LIMITED TO material
 source testing, certifications testing, surveying, monitoring  of  envi-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD10623-01-1

 A. 6664                             2
 
 ronmental compliance, independent quality control testing and inspection
 and quality assurance audits.  SUCH PUBLIC EMPLOYEES MAY ACCEPT CONTRAC-
 TORS' SUBSTANTIAL OR FINAL COMPLETION OF THE PUBLIC WORKS AS APPLICABLE.
 Performance  by  authorized  entities  of  any  review described in this
 subdivision shall not be construed to modify or limit contractors' obli-
 gations to  perform  work  in  strict  accordance  with  the  applicable
 design-build  contracts or the contractors' or any subcontractors' obli-
 gations or liabilities under any law.
   § 2. This act shall take effect immediately; provided,  however,  that
 the  amendments  to  part  F  of  chapter 60 of the laws of 2015 made by
 section one of this act shall not affect the repeal  of  such  part  and
 shall be deemed repealed therewith.

co-Sponsors

2021-A6664A (ACTIVE) - Details

See Senate Version of this Bill:: S7244
Current Committee:: Assembly Ways And Means
Law Section:: Public Works
Laws Affected:: Amd Part F §§15-a & 15-b, Chap 60 of 2015
Versions Introduced in 2023-2024 Legislative Session:: A4720, S5664

2021-A6664A (ACTIVE) - Summary

2021-A6664A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6664--A
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 24, 2021
                                ___________
 
 Introduced by M. of A. McDONALD -- read once and referred to the Commit-
   tee on Governmental Operations -- reported and referred to the Commit-
   tee  on  Ways and Means -- committee discharged, bill amended, ordered
   reprinted as amended and recommitted to said committee
 
 AN ACT to amend the infrastructure investment act, in relation to public
   employees' supervision,  examination,  review,  and  determination  of
   acceptability of public works projects performed by contractors
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Sections 15-a and 15-b of part F of chapter 60 of the  laws
 of  2015,  constituting  the  infrastructure investment act, as added by
 section 5 of part DD of chapter 58 of the laws of 2020, are  amended  to
 read as follows:
   §  15-a.  Any contract awarded pursuant to this act shall be deemed to
 be awarded pursuant to a competitive procurement for purposes of section
 2879 of the public authorities law, PROVIDED THAT ALL CONTRACTS  AWARDED
 SHALL REQUIRE A PUBLIC EMPLOYEE OR PUBLIC EMPLOYEES, AS DEFINED BY PARA-
 GRAPH  (A)  OF SUBDIVISION 7 OF SECTION 201 OF THE CIVIL SERVICE LAW AND
 WHO ARE EMPLOYED BY AUTHORIZED ENTITIES AS DEFINED BY PARAGRAPH  (I)  OF
 SUBDIVISION  (A)  OF  SECTION TWO OF THIS ACT AND WHO ARE LICENSED UNDER
 ARTICLES 145, 147 AND 148 OF THE EDUCATION LAW TO BE ON THE SITE OF  THE
 PROJECT  FOR THE DURATION OF SUCH PROJECT TO THE EXTENT DEEMED APPROPRI-
 ATE BY SUCH PUBLIC EMPLOYEE OR EMPLOYEES.  SUCH  REQUIREMENT  SHALL  NOT
 LIMIT  CONTRACTORS'  OBLIGATIONS  UNDER  DESIGN-BUILD CONTRACTS TO ISSUE
 THEIR OWN INITIAL CERTIFICATIONS OF  SUBSTANTIAL  COMPLETION  AND  FINAL
 COMPLETION OR ANY OTHER OBLIGATIONS UNDER THE DESIGN-BUILD CONTRACTS.
   §  15-b. Public employees as defined by paragraph (a) of subdivision 7
 of section 201 of the civil service law and who are employed by  author-
 ized entities as defined in paragraph (i) of subdivision (a) of  section
 two  of this act shall examine [and], review [certifications provided by
 contractors for  conformance  with],  AND  DETERMINE  WHETHER  THE  WORK
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD10623-02-1

 A. 6664--A                          2
 
 PERFORMED BY CONTRACTORS IS ACCEPTABLE AND HAS BEEN PERFORMED IN ACCORD-
 ANCE  WITH  THE  APPLICABLE  DESIGN-BUILD CONTRACTS.   SUCH EXAMINATION,
 REVIEW, AND DETERMINATION SHALL INCLUDE, BUT NOT BE LIMITED TO  material
 source  testing,  certifications testing, surveying, monitoring of envi-
 ronmental compliance, independent quality control testing and inspection
 and quality assurance audits.  SUCH PUBLIC EMPLOYEES MAY ACCEPT CONTRAC-
 TORS' SUBSTANTIAL OR FINAL COMPLETION OF THE PUBLIC WORKS AS APPLICABLE.
 Performance by authorized entities  of  any  review  described  in  this
 subdivision shall not be construed to modify or limit contractors' obli-
 gations  to  perform  work  in  strict  accordance  with  the applicable
 design-build contracts or the contractors' or any subcontractors'  obli-
 gations or liabilities under any law.
   §  2.  This act shall take effect immediately; provided, however, that
 the amendments to part F of chapter 60 of  the  laws  of  2015  made  by
 section  one  of  this  act shall not affect the repeal of such part and
 shall be deemed repealed therewith.

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