NY State Senate Bill 2021-S7244

Senate Bill S7244

2021-2022 Legislative Session

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

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Archive: Last Bill Status - In Senate Committee Procurement And Contracts 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 procurement and contracts
Jun 08, 2021	referred to rules

co-Sponsors

2021-S7244 (ACTIVE) - Details

See Assembly Version of this Bill:: A6664
Current Committee:: Senate Procurement And Contracts
Law Section:: Public Works
Laws Affected:: Amd Part F §§15-a & 15-b, Chap 60 of 2015
Versions Introduced in 2023-2024 Legislative Session:: S5664, A4720

2021-S7244 (ACTIVE) - 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-S7244 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S7244

SPONSOR: KENNEDY
 
TITLE OF BILL:

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

 
PURPOSE OR GENERAL IDEA OF BILL:

The purpose of this bill is to clarify that contracts awarded pursuant
to a competitive procurement for purposes of section 2879 of the public
authorities law shall require a public employee or public employees to
be on site and approve of the work done in accordance with the contract.

 
SUMMARY OF PROVISIONS:

Section 1 amends section 15-a 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
to require public employees to be on site for the duration of the

project to the extent deemed appropriate by such public employee or
employees.

Section 1 also amends section 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 to require that a public employee must sign off on whether the work
performed by contractors is acceptable and has been performed in accord-
ance with the requirements of applicable design-build contracts. The
language also clarifies that a public employee may accept a contractor's
substantial or final completion requirements.

Section 2 is the effective date.

 
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION:

Additional changes were made to the types of public employees authorized
to have access to job sites.

 
JUSTIFICATION:

Public employees have the experience and expertise to make sure that
projects in New York State meet the standards that have been agreed to.
By requiring their presence on site, and final approval, there is a
greater level of protection afforded to the residents of the state.
During the performance of a project, any potential issues may be identi-
fied, and before completion of a project the public employees will
perform an examination to make sure the project complies with expecta-
tions and is acceptable.

 
PRIOR LEGISLATIVE HISTORY:

New legislation.

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect immediately; provide, 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.

2021-S7244 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7244
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                               June 8, 2021
                                ___________
 
 Introduced  by  Sen. KENNEDY -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 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
 PERFORMED BY CONTRACTORS IS ACCEPTABLE AND HAS BEEN PERFORMED IN ACCORD-
 ANCE  WITH  THE  APPLICABLE  DESIGN-BUILD CONTRACTS.   SUCH EXAMINATION,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD10623-03-1

 S. 7244                             2
 
 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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Senate Bill S7244

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Sponsored By

Timothy M. Kennedy