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
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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.