senate Bill S2761

2013-2014 Legislative Session

Increases project size for which separate contracts on public work are required; repealer

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2014 referred to local government
Jan 23, 2013 referred to local government

S2761 - Bill Details

See Assembly Version of this Bill:
A2031
Current Committee:
Law Section:
General Municipal Law
Laws Affected:
Rpld & add §101 subs 3 & 4, amd §§101 & 120-w, Gen Muni L; amd §135, St Fin L; amd §151-a, Pub Hous L; amd §§458 & 482, Ed L; amd §§1045-i & 1048-i, Pub Auth L; amd §9, Chap 892 of 1971; amd §4, Chap 560 of 1980
Versions Introduced in Previous Legislative Sessions:
2011-2012: S4487, A3263
2009-2010: A4342A

S2761 - Bill Texts

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Increases project size for which separate contracts on public work are required.

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BILL NUMBER:S2761

TITLE OF BILL: An act to amend the general municipal law, the state
finance law, the public housing law, the education law, the public
authorities law, chapter 892 of the laws of 1971, amending the public
authorities law relating to construction by the dormitory authority, and
chapter 560 of the laws of 1980, relating to authorizing the city of New
York to adopt a waste management law, in relation to project size over
which separate contracts on public work are required; and to repeal
certain provisions of the general municipal law relating thereto

PURPOSE OF THE BILL: This bill increases the project size or threshold
under the Wicks Law for awarding separate contracts for the mechanical
work for building in excess of the stated statutory level.

SUMMARY OF SPECIFIC PROVISIONS:

§ 1- Amends subdivision 1 and 2 of § 101 of the General Municipal Law.

§ 2- Repeals subdivisions 3 and 4 of § 101 of the General Municipal Law
and adds two new subdivisions 3 and 4.

§ 3- Amends paragraph (b) of subdivision 7 of § 120-w of the General
Municipal Law.

§ 4- Amends 5 135 of the State Finance Law.

§ 5- Amends § 151-a of the Public Housing Law.

§ 6- Amends the opening paragraph of subdivision 2 of § 458 of the
Education Law.

§ 7- Amends the opening paragraph of subdivision 2 of 5 482 of the
Education Law.

§ 8- Amends subdivision 2 of 5 1045-i of the Public Authorities Law.

§ 9- Amends subdivision 2 of 5 1048-i of the Public Authorities Law.

§ 10- Amends 5 9 of Chapter 892 of the Laws of 1971, amending the Public
Authorities Law relating to construction by the Dormitory Authority.

§ 11- Amends subdivision (c) of 5 4 of Chapter 560 of the Laws of 1980,
relating to authorizing the City of New York to adopt a Waste Management
Law.

§ 12- Effective date,

JUSTIFICATION: State law currently requires that separate specifica-
tions be prepared and separate contracts be awarded for the plumbing,
electrical, and HVAC components of public construction projects when the

total project cost exceeds $3 million in New York, $1 million in the
downstate suburban counties, or $500,000 in the remainder of the state.
This bill would increase the threshold to $3 million statewide. In addi-
tion, in situations where the estimated cost of any of the plumbing,
HVAC or electrical work to be performed does not exceed ten percent
(10%) of the applicable dollar threshold, the public owner can fold such
minor amounts of work into another contract for greater management effi-
ciencies.

PRIOR LEGISLATIVE HISTORY: 2011-2012: S.4487/A.3263 -- LOCAL GOV/local
gov 2009-2010: A.4342-A -- local gov

FISCAL IMPLICATION: Would result in some savings to the state and local
governments.

EFFECTIVE DATE: This act shall take effect immediately and shall apply
to all subject contracts bid on or after January 1 next succeeding such
effective date.

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

                                  2761

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 23, 2013
                               ___________

Introduced  by  Sen.  RANZENHOFER -- read twice and ordered printed, and
  when printed to be committed to the Committee on Local Government

AN ACT to amend the general municipal law, the state  finance  law,  the
  public  housing  law,  the  education law, the public authorities law,
  chapter 892 of the laws of 1971, amending the public  authorities  law
  relating  to  construction by the dormitory authority, and chapter 560
  of the laws of 1980, relating to authorizing the city of New  York  to
  adopt  a  waste management law, in relation to project size over which
  separate contracts on public work are required; and to repeal  certain
  provisions of the general municipal law relating thereto

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

  Section 1. Subdivisions 1 and 2 of section 101 of the general  munici-
pal  law, subdivision 1 as amended by section 1 of part MM of chapter 57
of the laws of 2008 and subdivision 2 as added by  chapter  861  of  the
laws of 1953, are amended to read as follows:
  1.  Except  as otherwise provided in section two hundred twenty-two of
the labor law, every officer, board or agency of a political subdivision
or of any district therein, charged with the duty of preparing  specifi-
cations  or  awarding  or  entering  into  contracts  for  the erection,
construction, reconstruction  or  alteration  of  buildings[,  when  the
entire  cost  of  such public work shall exceed three million dollars in
the counties of the Bronx, Kings, New York, Queens,  and  Richmond;  one
million five hundred thousand dollars in the counties of Nassau, Suffolk
and Westchester; and five hundred thousand dollars in all other counties
within the state,] shall prepare separate specifications for the follow-
ing three subdivisions of the work to be performed:
  a. Plumbing and gas fitting;
  b.  Steam heating, hot water heating, ventilating and air conditioning
apparatus; and
  c. Electric wiring and standard illuminating fixtures.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05239-01-3

S. 2761                             2

  2. A. Such specifications shall be drawn so as to permit separate  and
independent  bidding  upon each of the above three subdivisions of work.
All contracts awarded by any political subdivision  or  by  an  officer,
board  or  agency thereof, or of any district therein, for the erection,
construction,  reconstruction  or  alteration  of buildings, or any part
thereof, shall award the three subdivisions of the above specified  work
separately  in  the manner provided by section one hundred three of this
chapter. Nothing in this section shall be construed to prevent any poli-
tical subdivision from performing  any  such  branches  of  work  by  or
through  their regular employees, or in the case of public institutions,
by the inmates thereof.
  B. NOTWITHSTANDING THE PROVISIONS OF THIS SECTION, WHERE THE ESTIMATED
COST OF ANY OF THE THREE SUBDIVISIONS OF WORK TO BE PERFORMED  DOES  NOT
EXCEED  TEN  PERCENT  OF  THE APPLICABLE DOLLAR THRESHOLD IN SUBDIVISION
FOUR OF THIS SECTION, THE PUBLIC OWNER SHALL NOT BE REQUIRED TO  PREPARE
SEPARATE  SPECIFICATIONS FOR, OR BID SUCH SUBDIVISION OF WORK AS A SEPA-
RATE CONTRACT.
  S 2. Subdivisions 3 and 4 of section 101 of the general municipal  law
are  REPEALED  and  two  new  subdivisions  3 and 4 are added to read as
follows:
  3.  SPECIFICATIONS  FOR  PUBLIC  WORK  PERTAINING  TO  THE   ERECTION,
CONSTRUCTION,  RECONSTRUCTION OR ALTERATION OF BUILDINGS MAY PROVIDE FOR
THE ASSIGNMENT OF RESPONSIBILITY FOR SUPERVISION AND COORDINATION OF ANY
OR ALL CONTRACTS FOR SUCH WORK TO  A  SINGLE  RESPONSIBLE  AND  RELIABLE
PERSON,  FIRM  OR  CORPORATION WHICH HAS NOT BEEN AWARDED A CONTRACT FOR
ANY OTHER PORTION OF SUCH WORK.
  4. THE PROVISIONS OF THIS SECTION SHALL ONLY APPLY TO PUBLIC  WORK  AS
DESCRIBED  IN  SUBDIVISION  ONE  OF THIS SECTION WHEN THE ENTIRE COST OF
SUCH WORK EXCEEDS THREE MILLION DOLLARS.
  S 3. Paragraph (b) of subdivision 7 of section 120-w  of  the  general
municipal  law,  as amended by section 2 of part MM of chapter 57 of the
laws of 2008, is amended to read as follows:
  (b) Except as otherwise provided in section two hundred twenty-two  of
the  labor law, when the entire cost of constructing such building shall
exceed [three million dollars in the counties of the Bronx,  Kings,  New
York, Queens, and Richmond; one million five hundred thousand dollars in
the  counties of Nassau, Suffolk and Westchester; and five hundred thou-
sand dollars in all other counties within the state,] THE DOLLAR  LIMITS
PROVIDED  IN SUBDIVISION FOUR OF SECTION ONE HUNDRED ONE OF THIS CHAPTER
the project developer shall  prepare  separate  specifications  for  the
following  subdivisions of such work, so as to permit separate and inde-
pendent bidding upon each subdivision:
  (i) plumbing and gas fittings;
  (ii) steam heating, hot water heating, ventilating and air  condition-
ing apparatus; and
  (iii) electric wiring and standard illuminating fixtures.
  S  4. Section 135 of the state finance law, as amended by section 3 of
part MM of chapter 57 of the  laws  of  2008,  is  amended  to  read  as
follows:
  S  135. Separate specifications for [contract] CERTAIN PUBLIC work for
the state. 1. Except as otherwise provided in section two hundred  twen-
ty-two of the labor law, every officer, board, department, commission or
commissions, charged with the duty of preparing specifications or award-
ing  or entering into contracts for the erection, construction or alter-
ation of buildings, for the state[, when the entire cost  of  such  work
shall  exceed three million dollars in the counties of the Bronx, Kings,

S. 2761                             3

New York, Queens,  and  Richmond;  one  million  five  hundred  thousand
dollars  in  the  counties  of Nassau, Suffolk and Westchester; and five
hundred thousand dollars in all other counties within the  state,]  must
have  prepared  separate  specifications for each of the following three
subdivisions of the work to be performed:
  [1.] (A) Plumbing and gas fitting.
  [2.] (B) Steam heating, hot water heating, ventilating and air  condi-
tioning apparatus.
  [3.] (C) Electric wiring and standard illuminating fixtures.
  2.  (A) Such specifications must be so drawn as to permit separate and
independent bidding upon each of the above three subdivisions  of  work.
All  contracts  hereafter  awarded  by the state or a department, board,
commissioner or officer  thereof,  for  the  erection,  construction  or
alteration  of  buildings,  or  any  part thereof, shall award the three
subdivisions of the above specified work separately to  responsible  and
reliable  persons,  firms  or  corporations  engaged in these classes of
work. A contract for one or more  buildings  in  any  project  shall  be
awarded  to the lowest responsible bidder for all the buildings included
in the specifications.
  (B) Each bidder on a public work contract, where  the  preparation  of
separate  specifications  is  not  required, shall submit with its bid a
separate sealed list that names each subcontractor that the bidder  will
use  to  perform  work on the contract, and the agreed-upon amount to be
paid to each, for: [(a)] (1) plumbing and gas fitting, [(b)]  (2)  steam
heating,  hot  water heating, ventilating and air conditioning apparatus
and [(c)] (3) electric wiring and standard illuminating fixtures.  After
the  low  bid  is announced, the sealed list of subcontractors submitted
with such low bid shall be opened and the names of  such  subcontractors
shall  be  announced,  and  thereafter  any  change  of subcontractor or
agreed-upon amount to be paid to each shall require the approval of  the
public owner, upon a showing presented to the public owner of legitimate
construction  need  for  such  change,  which  shall  be  open to public
inspection. Legitimate construction  need  shall  include,  but  not  be
limited to, a change in project specifications, a change in construction
material  costs, a change to subcontractor status as determined pursuant
to paragraph (e) of subdivision two of section two hundred twenty-two of
the labor law, or the  subcontractor  has  become  otherwise  unwilling,
unable  or  unavailable  to perform the subcontract. The sealed lists of
subcontractors submitted by all other bidders shall be returned to  them
unopened after the contract award.
  (C) Nothing in this section shall be construed to prevent the authori-
ties  in charge of any state building, from performing any such branches
of work by or through their regular employees, or in the case of  public
institutions, by the inmates thereof.
  (D)  NOTWITHSTANDING  THE  PROVISIONS OF THIS SECTION, WHERE THE ESTI-
MATED COST OF ANY OF THE THREE SUBDIVISIONS OF WORK TO BE PERFORMED DOES
NOT EXCEED TEN PERCENT OF THE APPLICABLE DOLLAR THRESHOLD IN SUBDIVISION
FOUR OF THIS SECTION, THE PUBLIC OWNER SHALL NOT BE REQUIRED TO  PREPARE
SEPARATE  SPECIFICATIONS FOR, OR BID SUCH SUBDIVISION OF WORK AS A SEPA-
RATE CONTRACT.
  3.  SPECIFICATIONS  FOR  PUBLIC  WORK  PERTAINING  TO  THE   ERECTION,
CONSTRUCTION,  RECONSTRUCTION OR ALTERATION OF BUILDINGS MAY PROVIDE FOR
THE ASSIGNMENT OF RESPONSIBILITY FOR SUPERVISION AND COORDINATION OF ANY
OR ALL CONTRACTS FOR SUCH WORK TO  A  SINGLE  RESPONSIBLE  AND  RELIABLE
PERSON,  FIRM  OR  CORPORATION WHICH HAS NOT BEEN AWARDED A CONTRACT FOR
ANY OTHER PORTION OF SUCH WORK.

S. 2761                             4

  4. THE PROVISIONS OF THIS SECTION SHALL ONLY APPLY TO PUBLIC  WORK  AS
DESCRIBED  IN  SUBDIVISION  ONE  OF THIS SECTION WHEN THE ENTIRE COST OF
SUCH WORK EXCEEDS THREE MILLION DOLLARS.
  S  5.  Section  151-a of the public housing law, as amended by chapter
572 of the laws of 1964, subdivision 1 as amended and subdivision 2-a as
added by section 4 of part MM of chapter 57 of  the  laws  of  2008,  is
amended to read as follows:
  S  151-a.  Separate  specifications  for certain [subdivisions of work
involved in the construction or alteration of buildings as a part of  or
in  connection  with]  PUBLIC  WORK  INVOLVING  housing  projects.  [1.]
Notwithstanding any inconsistent provision of this chapter or any  other
general,  special  or local law, except as otherwise provided in section
two hundred twenty-two of the labor law, any authority or  municipality,
or  any  officer,  board, department, commission or other agency thereof
charged with the duty of preparing specifications or awarding or  enter-
ing  into contracts involving the erection, construction, reconstruction
or alteration of any building or other appurtenance as a part of  or  in
connection  with  a project or any part thereof in any part of the state
under or pursuant to the authority of this  chapter[,  when  the  entire
cost  of such work shall exceed three million dollars in the counties of
the Bronx, Kings, New York,  Queens,  and  Richmond;  one  million  five
hundred  thousand  dollars  in the counties of Nassau, Suffolk and West-
chester; and five hundred thousand dollars in all other counties  within
the  state, must have prepared separate specifications for the following
three subdivisions of the work to be performed:
  a. Plumbing and gas fitting;
  b. Steam heating, hot water heating, ventilating and air  conditioning
apparatus; and
  c. Electric wiring and standard illuminating fixtures.
  2.  Such  specifications  must  be  so drawn as to permit separate and
independent bidding upon each of the above three subdivisions  of  work.
All  contracts  hereafter awarded by any such authority or municipality,
or any officer, board, department, commission or other  agency  thereof,
involving  the  erection,  construction, reconstruction or alteration of
any building as a part of or in connection with  any  project  under  or
pursuant  to  this  chapter,  shall  award the three subdivisions of the
above specified work separately to  responsible  and  reliable  persons,
firms or corporations engaged in such classes of work.
  2-a.  Each  bidder on a public work contract, where the preparation of
separate specifications is not required, shall submit  with  its  bid  a
separate  sealed list that names each subcontractor that the bidder will
use to perform work on the contract, and the agreed-upon  amount  to  be
paid  to  each,  for: a. plumbing and gas fitting, b. steam heating, hot
water heating, ventilating and air conditioning apparatus and c.   elec-
tric  wiring  and  standard  illuminating fixtures. After the low bid is
announced, the sealed list of subcontractors submitted with such low bid
shall be opened and the names of such subcontractors shall be announced,
and thereafter any change of subcontractor or agreed-upon amount  to  be
paid  to  each  shall  require  the approval of the public owner, upon a
showing presented to the public owner of  legitimate  construction  need
for  such  change,  which shall be open to public inspection. Legitimate
construction need shall include, but not be  limited  to,  a  change  in
project  specifications,  a  change  in  construction  material costs, a
change to subcontractor status as determined pursuant to  paragraph  (e)
of  subdivision  two of section two hundred twenty-two of the labor law,
or the subcontractor has become otherwise unwilling, unable or  unavail-

S. 2761                             5

able  to  perform  the  subcontract.  The sealed lists of subcontractors
submitted by all other bidders shall be returned to them unopened  after
the contract award.
  3.  Nothing  in  this  section  shall be construed to prevent any such
authority or municipality in charge of any such project from  performing
any  such  branches of work by or through their regular employees] SHALL
CONTRACT FOR PUBLIC WORK INVOLVING HOUSING PROJECTS PURSUANT TO  SECTION
ONE HUNDRED ONE OF THE GENERAL MUNICIPAL LAW.
  S  6.  The  opening  paragraph  of subdivision 2 of section 458 of the
education law, as amended by section 5 of part MM of chapter 57  of  the
laws of 2008, is amended to read as follows:
  Except  as otherwise provided in section two hundred twenty-two of the
labor law, every contract, lease or other agreement entered into  by  or
on  behalf  of the fund for the acquisition, lease, construction, recon-
struction, rehabilitation or improvement of the school  portion  of  the
work in any combined occupancy structure shall contain a provision that,
when  the  entire  cost  of  any  such contemplated construction, recon-
struction, rehabilitation or improvement for the school portion  of  the
work  shall  exceed [three million dollars in the counties of the Bronx,
Kings, New York, Queens, and Richmond; one million five hundred thousand
dollars in the counties of Nassau, Suffolk  and  Westchester;  and  five
hundred  thousand  dollars  in all other counties within the state,] THE
DOLLAR LIMITS PROVIDED IN SUBDIVISION FOUR OF SECTION ONE HUNDRED ONE OF
THE GENERAL MUNICIPAL LAW separate specifications shall be prepared  for
the following three subdivisions of the work on the school portion to be
performed:
  S  7.  The  opening  paragraph  of subdivision 2 of section 482 of the
education law, as amended by section 6 of part MM of chapter 57  of  the
laws of 2008, is amended to read as follows:
  Except  as otherwise provided in section two hundred twenty-two of the
labor law, every contract, lease or other agreement entered into  by  or
on  behalf  of the fund for the acquisition, lease, construction, recon-
struction, rehabilitation  or  improvement  of  any  combined  occupancy
structure  shall  contain  a provision that, when the entire cost of any
such  contemplated  construction,  reconstruction,   rehabilitation   or
improvement  shall  exceed [three million dollars in the counties of the
Bronx, Kings, New York, Queens, and Richmond; one million  five  hundred
thousand dollars in the counties of Nassau, Suffolk and Westchester; and
five  hundred  thousand dollars in all other counties within the state,]
THE DOLLAR LIMITS PROVIDED IN SUBDIVISION FOUR OF  SECTION  ONE  HUNDRED
ONE  OF  THE  GENERAL  MUNICIPAL  LAW  separate  specifications shall be
prepared for  the  following  three  subdivisions  of  the  work  to  be
performed:
  S 8. Subdivision 2 of section 1045-i of the public authorities law, as
amended  by  section  7 of part MM of chapter 57 of the laws of 2008, is
amended to read as follows:
  2. Any such agreements (i) shall describe  in  sufficient  detail  for
reasonable identification the particular water project to be financed in
whole  or in part by the authority, (ii) shall describe the plan for the
financing of the cost of the construction of such water project, includ-
ing the amount, if any, to be provided by the water board and the source
or sources thereof, (iii) shall set forth the method  by  which  and  by
whom  and  the  terms  and  conditions upon which moneys provided by the
authority shall be disbursed, (iv) may require, in the discretion of the
authority, the payment to the authority of the proceeds of any state and
federal grants available to the water board, (v) shall provide  for  the

S. 2761                             6

establishment  of  user  fees,  rates,  rents  and other charges and the
charging and collection thereof by the water board for the  use  of,  or
services furnished, rendered or made available by such system such as to
provide  that  such board receive revenues at least sufficient, together
with other revenues of the board, if any, to meet  the  requirements  of
subdivision  one  of  section  one  thousand forty-five-j of this title,
provided that revenues received by such board shall be  deposited  in  a
special  fund  established  pursuant to this title and disbursed to, and
upon certification of, the authority, (vi) may provide for the  transfer
by  the  city to the water board pursuant to section one thousand forty-
five-h of this title of  ownership  of  the  sewerage  system  or  water
system,  or  both, as the case may be, of which such project will form a
part  by  the  city,  (vii)  shall  provide  for  the  construction  and
completion  of  such  water  project  by the city and for the operation,
maintenance and repair thereof as an integrated part of  the  system  of
which  such water project forms a part, subject to such terms and condi-
tions, not inconsistent with this title, which  may  be  in  the  public
interest  and  necessary  or desirable properly and adequately to secure
the holders of bonds of the authority, provided, however, all  contracts
for  public work and all purchase contracts shall be awarded by the city
as provided by law for the award of such contracts by the city and  that
all  contracts  for  construction  shall  be  let in accordance with the
provisions of state law pertaining to prevailing wages, labor  standards
and  working  hours. Except as otherwise provided in section two hundred
twenty-two of the labor law, when the  entire  cost  of  constructing  a
building  as  part  of  any  water  project  shall exceed [three million
dollars] THE DOLLAR LIMITS PROVIDED IN SUBDIVISION FOUR OF  SECTION  ONE
HUNDRED  ONE  OF THE GENERAL MUNICIPAL LAW, the city shall prepare sepa-
rate specifications for the following three subdivisions of the work  to
be performed: (a) plumbing and gas fitting; (b) steam heating, hot water
heating,  ventilating  and  air conditioning apparatus; and (c) electric
wiring and standard illuminating fixtures, (viii) shall provide for  the
discontinuance  or disconnection of the supply of water or the provision
of sewerage service, or both, as the case may  be,  for  non-payment  of
fees, rates, rents or other charges therefor imposed by the water board,
provided  such discontinuance or disconnection of any supply of water or
the provision of sewerage service, or both, as the case  may  be,  shall
not  be  carried  out  except  in  the  manner and upon the notice as is
required of a waterworks corporation pursuant to  subdivisions  three-a,
three-b  and  three-c  of  section eighty-nine-b and section one hundred
sixteen of the public service law, and (ix) in  the  discretion  of  the
authority,  require  reports concerning the project from the water board
to the authority and the city.
  S 9. Subdivision 2 of section 1048-i of the public authorities law, as
amended by section 8 of part MM of chapter 57 of the laws  of  2008,  is
amended to read as follows:
  2.  Any  such  agreements  (i) shall describe in sufficient detail for
reasonable identification the particular water project to be financed in
whole or in part by the authority, (ii) shall describe the plan for  the
financing of the cost of the construction of such water project, includ-
ing the amount, if any, to be provided by the water board and the source
or  sources  thereof,  (iii)  shall set forth the method by which and by
whom and the terms and conditions upon  which  moneys  provided  by  the
authority shall be disbursed, (iv) may require, in the discretion of the
authority, the payment to the authority of the proceeds of any state and
federal  grants  available to the water board, (v) shall provide for the

S. 2761                             7

establishment of user fees, rates,  rents  and  other  charges  and  the
charging  and  collection  thereof by the water board for the use of, or
services furnished, rendered or made available by such system such as to
provide  that  such board receive revenues at least sufficient, together
with other revenues of the board, if any, to meet  the  requirements  of
subdivision  one  of  section  one thousand forty-eight-j of this title,
provided that revenues received by such board shall be  deposited  in  a
special  fund  established  pursuant to this title and disbursed to, and
upon certification of, the authority, (vi) may provide for the  transfer
by  the  city to the water board pursuant to section one thousand forty-
eight-h of this title of ownership of the water  system  of  which  such
project  will  form a part, (vii) shall provide for the construction and
completion of such water project by the  city  and  for  the  operation,
maintenance  and  repair  thereof as an integrated part of the system of
which such water project forms a part, subject to such terms and  condi-
tions,  not  inconsistent  with  this  title, which may be in the public
interest and necessary or desirable properly and  adequately  to  secure
the  holders of bonds of the authority, provided, however, all contracts
for public work and all purchase contracts shall be awarded by the  city
as  provided by law for the award of such contracts by the city and that
all contracts for construction shall  be  let  in  accordance  with  the
provisions  of state law pertaining to prevailing wages, labor standards
and working hours. Except as otherwise provided in section  two  hundred
twenty-two  of  the  labor  law,  when the entire cost of constructing a
building as part of any water project shall exceed [five  hundred  thou-
sand  dollars] THE DOLLAR LIMITS PROVIDED IN SUBDIVISION FOUR OF SECTION
ONE HUNDRED ONE OF THE GENERAL MUNICIPAL LAW,  the  city  shall  prepare
separate specifications for the following three subdivisions of the work
to  be  performed:  (a) plumbing and gas fitting; (b) steam heating, hot
water heating, ventilating and air conditioning apparatus; and (c) elec-
tric wiring and standard illuminating fixtures, (viii) shall provide for
the discontinuance or disconnection of the supply of water for  non-pay-
ment  of  fees,  rates,  rents  or other charges therefor imposed by the
water board, provided such discontinuance or disconnection of any supply
of water shall not be carried out except in  the  manner  and  upon  the
notice  as  is required of a waterworks corporation pursuant to subdivi-
sions three-a, three-b and three-c of section eighty-nine-b and  section
one  hundred  sixteen  of  the  public  service  law,  and  (ix)  in the
discretion of the authority, require reports concerning the project from
the water board to the authority and the city.
  S 10. The opening paragraph of section 9 of chapter 892 of the laws of
1971, amending the public authorities law relating  to  construction  by
the  dormitory authority, as amended by section 14 of part MM of chapter
57 of the laws of 2008, is amended to read as follows:
  Except as otherwise provided in section 222  of  the  labor  law,  the
dormitory  authority  in  awarding  or  entering  into contracts for the
erection,  construction,  reconstruction  or  alteration  of  buildings,
pursuant  to  the  provisions added by this act, when the entire cost of
such work shall exceed [three million dollars in  the  counties  of  the
Bronx,  Kings,  New York, Queens, and Richmond; one million five hundred
thousand dollars in the counties of Nassau, Suffolk and Westchester; and
five hundred thousand dollars in all other counties  within  the  state]
THE  DOLLAR LIMITS PROVIDED IN SUBDIVISION 4 OF SECTION 135 OF THE STATE
FINANCE LAW, shall prepare separate  specifications  for  the  following
three subdivisions of the work to be performed:

S. 2761                             8

  S 11. The opening paragraph of subdivision (c) of section 4 of chapter
560  of the laws of 1980 relating to authorizing the city of New York to
adopt a waste management law, as amended by section 13  of  part  MM  of
chapter 57 of the laws of 2008, is amended to read as follows:
  Except  as  otherwise  provided in section 222 of the labor law, every
contract, lease or  other  agreement  entered  into,  pursuant  to  this
section, by the city of New York for construction, reconstruction, reha-
bilitation  or  improvement  of buildings for a solid waste recovery and
management facility shall contain a provision that, when the entire cost
of such work shall exceed [three  million  dollars]  THE  DOLLAR  LIMITS
PROVIDED  IN  SUBDIVISION 4 OF SECTION 101 OF THE GENERAL MUNICIPAL LAW,
separate specifications shall be prepared for the following three subdi-
visions of work:
  S 12.  This act shall take effect immediately and shall apply  to  all
subject  contracts  bid  on and after January first next succeeding such
effective date.

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