NY State Senate Bill 2021-S3429

Senate Bill S3429

2021-2022 Legislative Session

Requires the MTA and the New York city transit authority to implement certain standards pertaining to applying and removing coatings from bridges, trestles, elevated subway and railway tracks and stations

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Archive: Last Bill Status - In Senate Committee Transportation 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

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 05, 2022	referred to transportation
Jan 29, 2021	referred to transportation

co-Sponsors

2021-S3429 (ACTIVE) - Details

Current Committee:: Senate Transportation
Law Section:: Public Authorities Law
Laws Affected:: Amd §§1266 & 1209, Pub Auth L
Versions Introduced in Other Legislative Sessions:: 2017-2018: S7779
2019-2020: S2773
2023-2024: S1382

2021-S3429 (ACTIVE) - Summary

Requires the metropolitan transportation authority and the New York city transit authority to implement certain standards issued by the society for protective coatings pertaining to applying and removing coatings from bridges, trestles, and elevated subway and railway tracks and stations.

2021-S3429 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S3429

SPONSOR: COMRIE
 
TITLE OF BILL:

An act to amend the public authorities law, in relation to requiring the
metropolitan transportation authority and the New York city transit
authority to implement certain standards pertaining to applying and
removing coatings from bridges, trestles, elevated subway and railway
tracks and stations

 
PURPOSE:

Relates to requiring the metropolitan transportation authority and the
New York City Transit Authority to implement certain standards pertain-
ing to applying and removing coatings from bridges, trestles, elevated
subway and railway tracks and stations.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1: amends the public authorities law by adding a new subdivision

19 to section 1266, which directs the Metropolitan Transportation
Authority to promulgate regulations requiring that all application and
maintenance of paint and coatings on bridges, trestles, elevated subway
tracks, elevated subway stations, elevated railway tracks and elevated
railway stations by non-employees have a quality management program and
meet applicable industry standards of the Society for Protective Coat-
ings Painting Contractor Certification Program to standards QP-1, QP-2,
QP-3 or National Association of Corrosion Engineers NIICAP AS1 and AS2.
Further, the removal, surface preparation and application of all paint
and coatings shall be performed in accordance with the NACE13/ACS1 Stan-
dard.

Section 2: amends the public authorities law by adding a new subdivision
16 to section 1209 containing the same requirements for the New York
City Transit Authority as those being added to subdivision 19 of section
1266 of the public authorities law, applicable to the Metropolitan
Transportation Authority.

Section 3: sets forth an immediate effective date applicable to all
projects on a prospective basis.

 
JUSTIFICATION:

The Metropolitan Transportation Authority and the New York City Transit
Authority have yet to implement internationally recognized standards
developed by the Society for Protective Coatings and the National Asso-
ciation for Corrosion Engineers, pertaining to elevated transportation
infrastructure, particularly rail and subway tracks on bridges and tres-
tles. Without these standards in place, the safe removal and application
of paint is an occupational and environmental hazard to employees,
contractors and the general public. Particularly at risk are pedestri-
ans, riders, motorists, and those in 'open air' settings such as parks
and street markets.

This legislation will incorporate by reference the following standards:
(1) SSPC QP1: Field Application to Complex Industrial and Marine Struc-
tures, (2) SSPC QP-2: Field Removal of Hazardous Coatings, (3) SSPC
QP-3: Shop Painting Certification Program, (4) NACE AS-1: Program for
Accreditation of Field and Shop Coatings Contractor, (5) NACE AS-2:
Program for Accreditation of a Coating Contractor's Hazardous Waste
Removal and Management Program and (6) NACE 13/SSPC-ACS-1: Industrial
Coating and Lining Application Specialist Qualification and Certif-
ication.

These standards will require the MTA and NYCTA to implement quality
controls for durable coatings applied to elevated transit infrastruc-
ture, which, over time, will lessen the frequency of recoating oper-
ations and thus produce a net cost savings. The standards will also
safeguard workers and the public from hazards resulting from the unsafe
removal of old layers of lead-contaminated paint. Finally, it will
ensure that the MTA and NYCTA are procuring certified contractors for
this critical ongoing task.

 
PRIOR LEGISLATIVE HISTORY:

New in 2017-18: S.7779-A/A.10214-A.

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2021-S3429 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3429
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 29, 2021
                                ___________
 
 Introduced by Sens. COMRIE, RAMOS -- read twice and ordered printed, and
   when printed to be committed to the Committee on Transportation
 
 AN ACT to amend the public authorities law, in relation to requiring the
   metropolitan  transportation  authority  and the New York city transit
   authority to implement certain standards pertaining  to  applying  and
   removing  coatings from bridges, trestles, elevated subway and railway
   tracks and stations
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section  1266 of the public authorities law is amended by
 adding a new subdivision 19 to read as follows:
   19. THE AUTHORITY SHALL PROMULGATE REGULATIONS  TO  REQUIRE  THAT  ALL
 APPLICATION  AND MAINTENANCE OF PAINT AND COATINGS ON BRIDGES, TRESTLES,
 ELEVATED SUBWAY  TRACKS,  ELEVATED  SUBWAY  STATIONS,  ELEVATED  RAILWAY
 TRACKS  AND  ELEVATED RAILWAY STATIONS PERFORMED BY NON-EMPLOYEES OF THE
 AUTHORITY HAVE A QUALITY MANAGEMENT PROGRAM AND MEET APPLICABLE INDUSTRY
 STANDARDS OF THE SOCIETY FOR  PROTECTIVE  COATINGS  PAINTING  CONTRACTOR
 CERTIFICATION PROGRAM TO STANDARDS QP-1, QP-2, QP-3, OR NATIONAL ASSOCI-
 ATION  OF  CORROSION  ENGINEERS NIICAP AS1 AND AS2. THE REMOVAL, SURFACE
 PREPARATION, AND APPLICATION OF ALL  PAINT  AND  COATINGS  ON  AUTHORITY
 PROPERTY,  FACILITIES AND ASSETS SHALL BE PERFORMED BY CERTIFIED WORKERS
 IN ACCORDANCE WITH THE NACE 13/ACS1 STANDARD.
   § 2. Section 1209 of the public authorities law is amended by adding a
 new subdivision 16 to read as follows:
   16. THE AUTHORITY SHALL PROMULGATE REGULATIONS  TO  REQUIRE  THAT  ALL
 APPLICATION  AND MAINTENANCE OF PAINT AND COATINGS ON BRIDGES, TRESTLES,
 ELEVATED SUBWAY  TRACKS,  ELEVATED  SUBWAY  STATIONS,  ELEVATED  RAILWAY
 TRACKS  AND  ELEVATED RAILWAY STATIONS PERFORMED BY NON-EMPLOYEES OF THE
 AUTHORITY HAVE A QUALITY MANAGEMENT PROGRAM AND MEET APPLICABLE INDUSTRY
 STANDARDS OF THE SOCIETY FOR  PROTECTIVE  COATINGS  PAINTING  CONTRACTOR
 CERTIFICATION PROGRAM TO STANDARDS QP-1, QP-2, QP-3, OR NATIONAL ASSOCI-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD07954-01-1

 S. 3429                             2
 
 ATION  OF  CORROSION  ENGINEERS NIICAP AS1 AND AS2. THE REMOVAL, SURFACE
 PREPARATION, AND APPLICATION OF ALL  PAINT  AND  COATINGS  ON  AUTHORITY
 PROPERTY,  FACILITIES AND ASSETS SHALL BE PERFORMED BY CERTIFIED WORKERS
 IN ACCORDANCE WITH THE NACE 13/ACS1 STANDARD.
   §  3.  This  act  shall take effect immediately and shall apply to all
 projects and bids proposed on or after such date and to any contract for
 which bids or proposals are submitted after such date.

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Senate Bill S3429

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Sponsored By

Leroy Comrie