NY State Senate Bill 2023-S5664

Senate Bill S5664

Vetoed By Governor

2023-2024 Legislative Session

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

download bill text pdf

Current Bill Status Via A4720 - Vetoed by Governor

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

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Dec 08, 2023	tabled vetoed memo.85
Nov 29, 2023	delivered to governor
Jun 08, 2023	returned to assembly passed senate 3rd reading cal.1198 substituted for s5664
Jun 08, 2023	substituted by a4720
May 24, 2023	advanced to third reading
May 23, 2023	2nd report cal.
May 22, 2023	1st report cal.1198
Mar 13, 2023	referred to procurement and contracts

Votes

- Jun 8, 2023 - Floor Vote
  A4720
  
  60
  
  Aye
  
  2
  
  Nay
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 8, 2023
      
      aye (60)
      
      Addabbo Jr.
      
      Ashby
      
      Bailey
      
      Borrello
      
      Breslin
      
      Brisport
      
      Brouk
      
      Canzoneri-Fitzpatrick
      
      Chu
      
      Cleare
      
      Comrie
      
      Felder
      
      Fernandez
      
      Gallivan
      
      Gianaris
      
      Gonzalez
      
      Gounardes
      
      Griffo
      
      Harckham
      
      Hinchey
      
      Hoylman-Sigal
      
      Jackson
      
      Kavanagh
      
      Kennedy
      
      Krueger
      
      Lanza
      
      Liu
      
      Mannion
      
      Martinez
      
      Martins
      
      Mattera
      
      May
      
      Mayer
      
      Murray
      
      Myrie
      
      O'Mara
      
      Oberacker
      
      Ortt
      
      Palumbo
      
      Parker
      
      Persaud
      
      Ramos
      
      Rhoads
      
      Rivera
      
      Rolison
      
      Ryan
      
      Salazar
      
      Sanders Jr.
      
      Scarcella-Spanton
      
      Sepúlveda
      
      Serrano
      
      Skoufis
      
      Stavisky
      
      Stec
      
      Stewart-Cousins
      
      Tedisco
      
      Thomas
      
      Webb
      
      Weber
      
      Weik
      
      nay (2)
      
      Helming
      
      Walczyk
      
      excused (1)
      
      Cooney
  May 22, 2023 - Procurement And Contracts Committee Vote
  S5664
  
  5
  
  Aye
  
  0
  
  Nay
  
  2
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Procurement And Contracts Committee Vote: May 22, 2023
      
      aye (5)
      
      Cooney
      
      Gonzalez
      
      Sanders Jr.
      
      Stavisky
      
      Webb
      
      aye wr (2)
      
      Martins
      
      Rolison

co-Sponsors

2023-S5664 (ACTIVE) - Details

See Assembly Version of this Bill:: A4720
Law Section:: Public Works
Laws Affected:: Amd Part F §§15-a & 15-b, Chap 60 of 2015
Versions Introduced in 2021-2022 Legislative Session:: S7244, A6664

2023-S5664 (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.

2023-S5664 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S5664

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
accordance with the requirements of applicable design-build contracts.
The language also clarifies that a public employee may accept a contrac-
tor's substantial or final completion requirements.

Section 2 is the effective date.

 
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:

S.7244/A.6664A of 2021-22

 
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.

2023-S5664 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5664
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              March 13, 2023
                                ___________
 
 Introduced  by Sens. KENNEDY, MANNION -- read twice and ordered printed,
   and when printed to be committed to the Committee on  Procurement  and
   Contracts
 
 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-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09824-01-3

 S. 5664                             2
 
 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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Senate Bill S5664

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Sponsored By

Timothy M. Kennedy