S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4035
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 9, 2023
                                ___________
 
 Introduced  by  M.  of  A.  MAMDANI  --  Multi-Sponsored  by -- M. of A.
   CARROLL,  FORREST,  GALLAGHER,  MITAYNES,  RAGA,  SEAWRIGHT,  SEPTIMO,
   SHRESTHA,  SIMONE -- read once and referred to the Committee on Corpo-
   rations, Authorities and Commissions
 
 AN ACT to amend the public authorities law, in  relation  to  expediting
   metropolitan   commuter   transportation   authority  capital  project
   construction by establishing a process for utility  relocation  neces-
   sary for such construction
 
   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 12-b to read as follows:
   12-B.  FOR  THE PURPOSES OF THIS SUBDIVISION, THE TERM "REQUIRED WORK"
 SHALL MEAN ANY NECESSARY REMOVAL, RELOCATION, PROTECTION, OR REPLACEMENT
 OF ANY PIPES, MAINS, CONDUITS OR  OTHER  INFRASTRUCTURE  OF  ANY  PUBLIC
 SERVICE  CORPORATION AND ANY FIXTURES AND APPLIANCES CONNECTED THEREWITH
 OR ATTACHED THERETO, EITHER TEMPORARILY  OR  PERMANENTLY.  WHENEVER  THE
 AUTHORITY  DETERMINES  THAT  ANY REQUIRED WORK EXISTS IN CONNECTION WITH
 THE IMPROVEMENT, CONSTRUCTION, RECONSTRUCTION, OR  REHABILITATION  OF  A
 TRANSPORTATION FACILITY, ALL OF THE FOLLOWING PROVISIONS SHALL APPLY:
   (A) THE DESIGN FOR SUCH REQUIRED WORK SHALL BE PREPARED BY THE AUTHOR-
 ITY  OR  THE AUTHORITY'S CONTRACTOR. SUCH DESIGN SHALL BE SUBJECT TO THE
 REVIEW AND APPROVAL OF THE PUBLIC SERVICE CORPORATION, WHICH  SHALL  NOT
 BE  UNREASONABLY  WITHHELD.  SUCH REVIEW AND APPROVAL SHALL BE COMPLETED
 WITHIN THIRTY DAYS, OR WITHIN SUCH OTHER REASONABLE PERIOD  OF  TIME  AS
 MAY  BE  DETERMINED  BY THE AUTHORITY AFTER CONSULTATION WITH THE PUBLIC
 SERVICE CORPORATION.
   (B) IN REVIEWING AND APPROVING  DESIGNS  FOR  SUCH  REQUIRED  WORK,  A
 PUBLIC  SERVICE CORPORATION SHALL NOT CREATE THE NEED FOR ANOTHER PUBLIC
 SERVICE CORPORATION TO REMOVE OR RELOCATE ITS PIPES, MAINS, CONDUITS  OR
 OTHER INFRASTRUCTURE WITHOUT THE AGREEMENT OF THE AUTHORITY.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06493-01-3
              

 A. 4035                             2
 
   (C)  IN  REVIEWING  AND  APPROVING  DESIGNS  FOR SUCH REQUIRED WORK, A
 PUBLIC SERVICE CORPORATION SHALL NOT REQUIRE THE  AUTHORITY  TO  PROVIDE
 FOR  ANTICIPATED  FUTURE  SERVICE  INCREASES OR OTHER BETTERMENTS, OTHER
 THAN TO COMPLY WITH CURRENT STANDARDS, WITHOUT  THE  AUTHORITY'S  AGREE-
 MENT.    BETTERMENTS  TO  COMPLY  WITH  CURRENT  STANDARDS SHALL ONLY BE
 REQUIRED BY THE PUBLIC SERVICE  CORPORATION  WITHIN  THE  AREA  OF  SUCH
 REQUIRED WORK.
   (D) THE AUTHORITY SHALL BEAR THE COST OF ALL WORK PERFORMED BY ITS OWN
 CONTRACTORS.
   (E)  WHERE  THE  PUBLIC  SERVICE  CORPORATION DETERMINES THAT IT SHALL
 PERFORM ANY PORTION OF SUCH REQUIRED WORK, SUCH PORTION OF SUCH REQUIRED
 WORK SHALL BE PERFORMED  ACCORDING  TO  A  SCHEDULE  DETERMINED  BY  THE
 AUTHORITY  AFTER  CONSULTATION  WITH  THE  PUBLIC  SERVICE  CORPORATION,
 PROVIDED THAT  SUCH  SCHEDULE  IS  REASONABLE  AND  THAT  THE  AUTHORITY
 PROVIDES AT LEAST THIRTY DAYS' NOTICE.
   § 2. This act shall take effect immediately.