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

                                  3780

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 28, 2009
                               ___________

Introduced by M. of A. LENTOL, V. LOPEZ, ORTIZ, MILLMAN -- read once and
  referred to the Committee on Corporations, Authorities and Commissions

AN  ACT  to  amend  the  public  authorities law and the highway law, in
  relation to certain highway and bridge construction  projects  located
  in cities with a population of one million or more

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

  Section 1. The public authorities law  is  amended  by  adding  a  new
section 2877-a to read as follows:
  S  2877-A. HIGHWAY AND BRIDGE CONSTRUCTION PROJECTS; INDEPENDENT ENGI-
NEER. 1. DEFINITIONS. FOR THE PURPOSES OF  THIS  SECTION  THE  FOLLOWING
TERMS SHALL HAVE THE FOLLOWING MEANINGS:
  (A) "PROJECT" SHALL MEAN THE CONSTRUCTION, MAINTENANCE, REPAIR, RECON-
STRUCTION  OR  REHABILITATION  OF  ANY  STATE OR LOCAL HIGHWAY OR BRIDGE
LOCATED IN A CITY WITH A POPULATION OF ONE MILLION  OR  MORE  WHERE  THE
INITIAL  COST  IS  MORE  THAN  TEN  MILLION DOLLARS OVER THE LIFE OF THE
PROJECT.
  (B) "TECHNICAL ASSISTANCE" SHALL INCLUDE, BUT NOT BE LIMITED  TO,  THE
CONCEPTUALIZATION,  REVIEW,  ANALYSIS AND INTERPRETATION OF THE PLANNING
STUDIES, CONSTRUCTION PLANS AND DESIGN SPECIFICATIONS FOR  THE  PROJECT,
THE  AUTHORITY'S PROJECTED TIME SCHEDULE FOR COMMENCEMENT AND COMPLETION
FOR THE PROJECT, THE AUTHORITY'S MAINTENANCE PLANS FOR THE PROJECT,  AND
THE AUTHORITY'S PLAN FOR CONGESTION MITIGATION, DESIGNATION OF ALTERNATE
ROUTES  AND  ENHANCEMENT OF PUBLIC TRANSIT ACCOMMODATIONS AS A RESULT OF
THE PROJECT AND ANY  OTHER  QUALITY  OF  LIFE  ISSUES  AFFECTED  BY  THE
PROJECT.
  2.  EVERY  PUBLIC  AUTHORITY THAT ENTERS INTO A CONTRACT FOR A PROJECT
SHALL BE SUBJECT TO THE PROVISIONS OF THIS SECTION. SUCH PUBLIC AUTHORI-
TY IS HEREBY AUTHORIZED AND DIRECTED TO ESTABLISH A PROJECT  TASK  FORCE
TO  PARTICIPATE  MORE  FULLY  IN DECISIONS AFFECTING THE HEALTH, SAFETY,
ENVIRONMENT AND GENERAL WELFARE.  TO  ACHIEVE  SUCH  PURPOSE,  A  PUBLIC

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05922-01-9
              

A. 3780                             2

AUTHORITY  SHALL  PROVIDE  OPPORTUNITIES  FOR  TASK  FORCE  AND  CITIZEN
INVOLVEMENT AND ENCOURAGE CONSULTATION WITH  THE  PUBLIC  EARLY  IN  THE
PROCESS  WHEN  PROJECT  PLANNING  STUDIES  OF  ANY  HIGHWAY  AND  BRIDGE
CONSTRUCTION  PROJECT  COMMENCES AS WELL AS DURING THE ENTIRE PROCESS OF
DESIGNING AND PLANNING OF ANY HIGHWAY  AND  BRIDGE  PROJECT  BEFORE  THE
AUTHORITY  FORMS  OR  ADOPTS  FINAL  DESIGN  PLANS  FOR SUCH PROJECT AND
THROUGHOUT ALL CONSTRUCTION PHASES.
  3. FOR EVERY PROJECT, CONTRACTED IN ACCORDANCE WITH THE PROVISIONS  OF
SUBDIVISION  TWO  OF  THIS SECTION, THE AUTHORITY SHALL CONTRACT FOR THE
SERVICES OF A QUALIFIED, PROFESSIONAL ENGINEER, LICENSED BY THE STATE OF
NEW YORK IN ACCORDANCE WITH ARTICLE ONE HUNDRED FORTY-FIVE OF THE EDUCA-
TION LAW. SUCH ENGINEER SHALL PROVIDE TECHNICAL ASSISTANCE TO  THE  TASK
FORCE  ESTABLISHED BY THE AUTHORITY ON SUCH PROJECT. FUNDS SHALL BE MADE
AVAILABLE FOR SUCH SERVICES FROM THE PROCEEDS DEDICATED OR TO  BE  DEDI-
CATED  FOR  A SPECIFIC PROJECT AND SHALL NOT BE LESS THAN ONE PERCENT OF
THE COST OF THE ENGINEERING BUDGET FOR SUCH PROJECT.
  4. EVERY PUBLIC AUTHORITY SUBJECT TO THE PROVISIONS  OF  THIS  SECTION
SHALL  ESTABLISH  A PROJECT TASK FORCE TO CONSIST OF A REPRESENTATIVE OF
THE COMMUNITY WHERE THE PROJECT IS TO BE LOCATED,  A  REPRESENTATIVE  OF
THE  LOCAL  COMMUNITY  BOARD  WHERE  THE  PROJECT IS TO BE LOCATED TO BE
SELECTED BY THE LOCAL COMMUNITY  BOARD,  MEMBERS  OF  THE  ASSEMBLY  AND
SENATE  MEMBERS WHOSE DISTRICTS CONTAIN THE AREA WHERE THE PROJECT IS TO
BE LOCATED, AND A CITY COUNCIL REPRESENTATIVE AND THE BOROUGH PRESIDENT,
IF ANY. SUCH MEMBERS SHALL HAVE FULL PARTICIPATION IN THE AWARDING OF  A
CONTRACT TO AN INDEPENDENT ENGINEER.
  5.  THE  WORK  PRODUCT OF AN INDEPENDENT ENGINEER SHALL NOT BE USED BY
ANY MEMBER OF THE TASK FORCE IN A LAWSUIT CHALLENGING A PUBLIC  AUTHORI-
TY'S AUTHORITY TO GO FORWARD WITH THE PROJECT.
  6.  AS  PART  OF  ANY  CONTRACT  FOR  SERVICES, A PUBLIC AUTHORITY MAY
REQUIRE AN INDEPENDENT  ENGINEER  TO  SUBMIT  PERIODIC  REPORTS  TO  THE
AUTHORITY  DETAILING  THE  WORK  PERFORMED, MEETINGS ATTENDED, NUMBER OF
HOURS WORKED AND ANY OTHER INFORMATION  NECESSARY  TO  ENSURE  THAT  THE
PURPOSES OF THIS SECTION ARE BEING CARRIED OUT.
  S  2.  The highway law is amended by adding a new section 38-a to read
as follows:
  S 38-A. HIGHWAY AND BRIDGE CONSTRUCTION  PROJECTS;  INDEPENDENT  ENGI-
NEER.  1.  DEFINITIONS.  FOR  THE PURPOSES OF THIS SECTION THE FOLLOWING
TERMS SHALL HAVE THE FOLLOWING MEANINGS:
  (A) "PROJECT" SHALL MEAN THE CONSTRUCTION, MAINTENANCE, REPAIR, RECON-
STRUCTION OR REHABILITATION OF ANY STATE HIGHWAYS OR STATE-OWNED BRIDGES
LOCATED IN A CITY WITH A POPULATION OF ONE MILLION  OR  MORE  WHERE  THE
INITIAL  COST  IS  MORE  THAN  TEN  MILLION DOLLARS OVER THE LIFE OF THE
PROJECT.
  (B) "TECHNICAL ASSISTANCE" SHALL INCLUDE, BUT NOT BE LIMITED  TO,  THE
CONCEPTUALIZATION, REVIEW, ANALYSIS AND INTERPRETATION OF THE:  PLANNING
STUDIES,  CONSTRUCTION  PLANS AND DESIGN SPECIFICATIONS FOR THE PROJECT;
THE DEPARTMENT'S PROJECTED TIME SCHEDULE FOR COMMENCEMENT AND COMPLETION
FOR THE PROJECT; THE DEPARTMENT'S MAINTENANCE PLANS FOR THE PROJECT, AND
THE DEPARTMENT'S PLAN FOR CONGESTION MITIGATION, DESIGNATION  OF  ALTER-
NATE ROUTES AND ENHANCEMENT OF PUBLIC TRANSIT ACCOMMODATIONS AS A RESULT
OF  THE  PROJECT AS WELL AS OTHER QUALITY OF LIFE ISSUES AFFECTED BY THE
PROJECT.
  2. THE COMMISSIONER IS HEREBY AUTHORIZED AND DIRECTED TO ENCOURAGE AND
ENABLE CITIZENS TO PARTICIPATE MORE FULLY IN DECISIONS THAT AFFECT THEIR
HEALTH,  SAFETY,  ENVIRONMENT  AND  GENERAL  WELFARE.  TO  ACHIEVE  SUCH
PURPOSE,  THE  COMMISSIONER  SHALL  ESTABLISH  A  PROJECT  TASK FORCE TO

A. 3780                             3

PROVIDE OPPORTUNITIES FOR  FULL  CITIZEN  INVOLVEMENT  AND  CONSULTATION
EARLY  IN  THE  PROCESS WHEN PROJECT PLANNING STUDIES OF ANY HIGHWAY AND
BRIDGE CONSTRUCTION PROJECT COMMENCES AS WELL AS DURING THE ENTIRE PROC-
ESS  OF  DESIGNING AND PLANNING OF ANY HIGHWAY AND BRIDGE PROJECT BEFORE
THE AUTHORITY FORMS OR ADOPTS FINAL DESIGN PLANS FOR  SUCH  PROJECT  AND
THROUGHOUT ALL CONSTRUCTION PHASES.
  3.  THE  COMMISSIONER  SHALL CONTRACT FOR THE SERVICES OF A QUALIFIED,
PROFESSIONAL ENGINEER, LICENSED BY THE STATE OF NEW YORK  IN  ACCORDANCE
WITH  ARTICLE ONE HUNDRED FORTY-FIVE OF THE EDUCATION LAW. SUCH ENGINEER
SHALL PROVIDE TECHNICAL ASSISTANCE TO THE RESIDENTS OF THE COMMUNITY  IN
WHICH  THE  PROJECT  IS TO BE LOCATED. FUNDS SHALL BE MADE AVAILABLE FOR
SUCH SERVICES FROM THE PROCEEDS DEDICATED  OR  TO  BE  DEDICATED  FOR  A
SPECIFIC PROJECT AND SHALL NOT BE LESS THAN ONE PERCENT OF THE ENGINEER-
ING COSTS OF SUCH PROJECT.
  4.  THE  COMMISSIONER SHALL ESTABLISH BY RULE AND REGULATION A PROCESS
FOR ESTABLISHING A PROJECT TASK FORCE CONSISTING OF A REPRESENTATIVE  OF
THE COMMUNITY WHERE THE PROJECT IS TO BE LOCATED, AN APPOINTED REPRESEN-
TATIVE  OF  THE LOCAL COMMUNITY BOARD, AN ASSEMBLYMAN, A SENATOR, A CITY
COUNCIL REPRESENTATIVE AND THE BOROUGH PRESIDENT, IF ANY.  SUCH  MEMBERS
SHALL  HAVE FULL PARTICIPATION IN THE AWARDING OF A CONTRACT TO AN INDE-
PENDENT ENGINEER.
  5. THE WORK PRODUCT OF AN INDEPENDENT ENGINEER SHALL NOT  BE  USED  BY
ANY  MEMBERS  OF  THE  TASK  FORCE  IN A LAWSUIT CHALLENGING AN AGENCY'S
AUTHORITY TO GO FORWARD WITH THE PROJECT.
  6. AS PART OF ANY CONTRACT FOR SERVICES, THE COMMISSIONER MAY  REQUIRE
AN  INDEPENDENT  ENGINEER  TO  SUBMIT PERIODIC REPORTS TO THE DEPARTMENT
DETAILING THE WORK PERFORMED, MEETINGS ATTENDED, NUMBER OF HOURS  WORKED
AND  ANY OTHER INFORMATION NECESSARY TO ENSURE THAT THE PURPOSES OF THIS
SECTION ARE BEING CARRIED OUT.
  S 3. This act shall take effect on the one hundred eightieth day after
it shall have become a law. Effective immediately any rule or regulation
necessary for the timely implementation of this act may  be  promulgated
on or before such date.