S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 7849--A

                            I N  S E N A T E

                              June 13, 2014
                               ___________

Introduced  by  Sens.  LANZA, MAZIARZ -- read twice and ordered printed,
  and when printed to be committed to the Committee on Cities -- commit-
  tee discharged, bill amended, ordered reprinted as amended and  recom-
  mitted to said committee

AN  ACT  relating to joint bidding on contracts for public work projects
  and providing for the repeal of such provisions upon expiration there-
  of

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  This  act shall only apply to a city with a population of
one million or more.
  S 2. a.   "Utility interference work" shall  mean  any  work  that  is
deemed  necessary  or  desirable  for  the  completion  of a public work
project that requires the  maintenance,  support,  protection  or  other
accommodation  of energy, telecommunications or other private facilities
or structures not publicly owned which are located within, traversing or
adjacent to the construction area of such project, whether above,  below
or  at  ground  level,  including  the  removal, relocation, alteration,
replacement, reconstruction or improvement of such facilities or  struc-
tures.
  b.  "New  York  city utility interference work project" shall mean any
public work project within the city of  New  York  for  which  the  city
awards  a  contract  which  includes  utility  interference work in such
contract.
  S 3. a. Notwithstanding any general, special or local law or  rule  or
regulation  to  the  contrary,  the city of New York may include utility
interference work in any contract for a public  work  project,  provided
however that chapter 357 of the laws of 1988, known as the "gas facility
cost  allocation act", shall continue to apply as set forth therein.  If
the city of New York undertakes a New  York  city  utility  interference
work  project, the city shall award the contract to the lowest responsi-
ble bidder.  In the event that the  utility  interference  work  is  not
included  in  the  city's  contract,  nothing  in this subdivision shall
prevent the city from including provisions in  its  contracts  requiring

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

                                                           LBD15543-05-4

S. 7849--A                          2

contractors to engage in alternate methods of dispute resolution regard-
ing utility interference work. Further, nothing in this section is to be
deemed  to  alter,  modify,  amend, or revoke any of the rules presently
existing  that govern the responsibility between the metropolitan trans-
portation authority and the public utilities for the payment of  any  of
the  costs  required  for the maintenance, support, protection, or other
accommodation of any energy, telecommunication, or other private facili-
ties or structures.
  b. Notwithstanding any general, special or local law or rule or  regu-
lation  to  the contrary, when the city awards a contract for a New York
city utility interference work project the city shall  require  contrac-
tors  and subcontractors to have, prior to entering into such contracts,
a record of maintaining harmonious  labor  relations,  a  commitment  to
working with minority- and women-owned businesses through joint ventures
or  subcontractor  relationships,  and a record of protecting the health
and safety of workers on construction  projects  and  job  sites  demon-
strated  by  their  experience  modification  rates for each of the last
three years. In addition, when the city awards a contract for a New York
city utility interference work project that exceeds one million dollars,
the city shall require contractors and subcontractors to have, prior  to
entering  into such contracts, apprenticeship agreements appropriate for
the type and scope of work to be performed, that  have  been  registered
with  and  approved  by the commissioner of the department of labor, and
that have been in successful operation for a period  of  not  less  than
three years.
  c. Contracts awarded pursuant to this act are contracts subject to the
requirements  of local law number 1 of the city of New York for the year
2013.
  d. A New York city utility interference  work  project  shall  not  be
subject  to  the  provisions  of  this  act  where  compliance  with the
provisions of this act would violate the  terms  or  conditions  of  any
applicable federal law or regulation.
  S  4.  Notwithstanding any provisions to the contrary in this act, any
Lower Manhattan redevelopment project, as defined in section 3 of  chap-
ter  259  of the laws of 2004, known as the Coordinated Construction Act
for Lower Manhattan, as amended, shall be governed  by  such  act  while
such act remains in effect.
  S 5. With respect to any project subject to this act involving natural
gas,  all  employees performing such work must be certified as qualified
by the federal department of transportation gas  operator  qualification
certification for the region.
  S 6. Severability. If any clause, sentence, paragraph, section or part
of  this act shall be adjudged by any court of competent jurisdiction to
be invalid such judgment shall not  affect,  impair  or  invalidate  the
remainder thereof, but shall be confined in its operation to the clause,
sentence,  paragraph,  section  or part thereof directly involved in the
controversy in which such judgment shall have been rendered. It is here-
by declared to be the intent of the legislature that this act would have
been enacted even if such invalid provisions had not been included here-
in.
  S 7. This act shall take effect immediately and shall  expire  and  be
deemed repealed December 31, 2024.