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

                                  2176

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 14, 2013
                               ___________

Introduced  by  Sen.  GOLDEN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Finance

AN ACT to amend the state finance law, in relation to  establishing  the
  commission on the infrastructure of New York state

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

  Section 1. The state finance law is amended by adding a new article 17
to read as follows:
                              ARTICLE XVII
           COMMISSION ON THE INFRASTRUCTURE OF NEW YORK STATE
SECTION 250. DEFINITIONS.
        251. COMMISSION  ON  THE  INFRASTRUCTURE  OF  NEW  YORK   STATE;
               CREATION; PROCEDURE.
        252. POWERS AND DUTIES.
  S 250. DEFINITIONS. AS USED IN THIS ARTICLE, THE FOLLOWING TERMS SHALL
HAVE THE FOLLOWING MEANINGS:
  1. "ACQUISITION" MEANS ANY NECESSARY ACTIVITIES FOR SITING A FACILITY,
EQUIPMENT,  STRUCTURES  OR  ROLLING  STOCK  BY PURCHASE, LEASE-PURCHASE,
TRADE OR DONATION.
  2. "COMMISSION" MEANS THE COMMISSION ON THE INFRASTRUCTURE OF NEW YORK
STATE ESTABLISHED PURSUANT TO SECTION  TWO  HUNDRED  FIFTY-ONE  OF  THIS
ARTICLE.
  3. "CONSTRUCTION" MEANS:
  (A) THE DESIGN, PLANNING AND ERECTION OF NEW INFRASTRUCTURE;
  (B) THE EXPANSION OF EXISTING INFRASTRUCTURE;
  (C)  THE  RECONSTRUCTION  OF  AN INFRASTRUCTURE PROJECT AT AN EXISTING
SITE; AND
  (D) THE INSTALLATION OF INITIAL OR REPLACEMENT  INFRASTRUCTURE  EQUIP-
MENT.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02739-01-3

S. 2176                             2
              

  4. "INFRASTRUCTURE" MEANS A NONMILITARY STRUCTURE OR FACILITY, AND ANY
EQUIPMENT  AND  ANY NONSTRUCTURAL ELEMENTS ASSOCIATED WITH SUCH A STRUC-
TURE OR FACILITY, INCLUDING:
  (A) A SURFACE TRANSPORTATION FACILITY (SUCH AS A ROAD, BRIDGE, TUNNEL,
HIGHWAY,  PUBLIC  TRANSPORTATION  FACILITY,  AND  FREIGHT  AND PASSENGER
RAIL), AS THE COMMISSION DETERMINES TO BE APPROPRIATE;
  (B) A MASS TRANSIT FACILITY;
  (C) AN AIRPORT OR AIRWAY FACILITY;
  (D) A RESOURCE RECOVERY FACILITY;
  (E) A WATER SUPPLY AND DISTRIBUTION SYSTEM;
  (F) A WASTEWATER COLLECTION,  CONVEYANCE,  OR  TREATMENT  SYSTEM,  AND
RELATED FACILITIES;
  (G)  A  STORMWATER  TREATMENT SYSTEM TO MANAGE, REDUCE, TREAT OR REUSE
MUNICIPAL STORMWATER;
  (H) WATERWAYS, LOCKS, DAMS AND ASSOCIATED FACILITIES;
  (I) A BREAKWATER, LEVEE OR ANY RELATED FLOOD DAMAGE REDUCTION  FACILI-
TY;
  (J) A DOCK OR PORT;
  (K) A SOLID WASTE DISPOSAL FACILITY;
  (L) A FACILITY ESSENTIAL TO THE OPERATION OF TELECOMMUNICATIONS EQUIP-
MENT, AS THE COMMISSION DETERMINES TO BE APPROPRIATE; AND
  (M)  A  FACILITY  ESSENTIAL TO THE SUPPLY OF ENERGY, INCLUDING BUT NOT
LIMITED TO ENERGY IN THE FORM OF ELECTRICITY, NATURAL GAS, COAL, OIL AND
OTHER PETROLEUM PRODUCTS, AND STEAM, AS THE COMMISSION DETERMINES TO  BE
APPROPRIATE.
  5. "NONSTRUCTURAL ELEMENTS" MEANS:
  (A) ANY FEATURE THAT PRESERVES AND RESTORES A NATURAL PROCESS, A LAND-
FORM  (INCLUDING  A FLOODPLAIN), A NATURAL VEGETATED STREAM SIDE BUFFER,
WETLAND, OR ANY OTHER TOPOGRAPHICAL FEATURE THAT CAN SLOW,  FILTER,  AND
NATURALLY STORE STORMWATER RUNOFF AND FLOOD WATERS;
  (B)  ANY  NATURAL  DESIGN  TECHNIQUE THAT PERCOLATES, FILTERS, STORES,
EVAPORATES AND DETAINS WATER CLOSE TO THE SOURCE OF THE WATER; AND
  (C) ANY FEATURE THAT MINIMIZES OR DISCONNECTS IMPERVIOUS  SURFACES  TO
SLOW RUNOFF OR ALLOW PRECIPITATION TO PERCOLATE.
  6.  "MAINTENANCE"  MEANS  ANY  REGULARLY SCHEDULED ACTIVITY, SUCH AS A
ROUTINE REPAIR, INTENDED TO  ENSURE  THAT  INFRASTRUCTURE  CONTINUES  TO
OPERATE EFFICIENTLY AND AS INTENDED.
  7.  "REHABILITATION"  MEANS  AN  ACTION  TO  EXTEND THE USEFUL LIFE OR
IMPROVE THE EFFECTIVENESS OF EXISTING INFRASTRUCTURE, INCLUDING:
  (A) THE CORRECTION OF A DEFICIENCY;
  (B) THE MODERNIZATION OR REPLACEMENT OF EQUIPMENT;
  (C) THE MODERNIZATION OF, OR REPLACEMENT OF PARTS FOR,  ROLLING  STOCK
RELATING TO INFRASTRUCTURE;
  (D) THE USE OF NONSTRUCTURAL ELEMENTS; AND
  (E)  THE  REMOVAL  OF INFRASTRUCTURE THAT IS DETERIORATED OR NO LONGER
USEFUL.
  S 251. COMMISSION ON THE INFRASTRUCTURE OF NEW YORK  STATE;  CREATION;
PROCEDURE.  1. THE COMMISSION ON THE INFRASTRUCTURE OF NEW YORK STATE IS
HEREBY CREATED TO HAVE AND EXERCISE THE POWERS, DUTIES AND  PREROGATIVES
PROVIDED  BY  THE  PROVISIONS OF THIS ARTICLE AND ANY OTHER PROVISION OF
LAW.
  2. THE PURPOSE OF THE COMMISSION IS TO ENSURE THAT THE  INFRASTRUCTURE
OF  THE  STATE  MEETS CURRENT AND FUTURE DEMAND AND FACILITATES ECONOMIC
GROWTH, IS MAINTAINED IN A MANNER THAT ENSURES  PUBLIC  SAFETY,  AND  IS
DEVELOPED OR MODIFIED IN A SUSTAINABLE MANNER.

S. 2176                             3

  3.  THE  COMMISSION  SHALL  CONSIST  OF  FIVE MEMBERS APPOINTED BY THE
GOVERNOR, ONE OF WHOM SHALL BE APPOINTED UPON THE RECOMMENDATION OF  THE
TEMPORARY  PRESIDENT  OF THE SENATE, ONE OF WHOM SHALL BE APPOINTED UPON
THE RECOMMENDATION OF THE SPEAKER OF THE ASSEMBLY, AND ONE OF WHOM SHALL
BE  APPOINTED UPON THE RECOMMENDATION OF THE COMPTROLLER. EACH MEMBER OF
THE COMMISSION SHALL HAVE EXPERIENCE IN ONE OR MORE  OF  THE  FIELDS  OF
ECONOMICS,  PUBLIC  ADMINISTRATION,  CIVIL  ENGINEERING,  PUBLIC  WORKS,
CONSTRUCTION OR A RELATED DESIGN PROFESSION, PLANNING, PUBLIC INVESTMENT
FINANCING, ENVIRONMENTAL ENGINEERING, OR  WATER  RESOURCES  ENGINEERING.
THE   TERM   OF   THE  MEMBERS  FIRST  APPOINTED  SHALL  EXPIRE  JANUARY
THIRTY-FIRST, TWO THOUSAND EIGHTEEN,  AND  THEREAFTER  THEIR  SUCCESSORS
SHALL  SERVE  FOR  TERMS  OF TWO YEARS ENDING ON JANUARY THIRTY-FIRST IN
EACH YEAR. UPON RECOMMENDATION OF THE NOMINATING OFFICIAL, THE  GOVERNOR
MAY  REPLACE ANY MEMBER IN ACCORDANCE WITH THE PROVISIONS OF THIS SUBDI-
VISION FOR THE APPOINTMENT OF MEMBERS. THE GOVERNOR SHALL DESIGNATE  ONE
OF  THE  MEMBERS  TO SERVE AS CHAIR. ANY DETERMINATION OF THE COMMISSION
SHALL BE EVIDENCED BY A CERTIFICATION THEREOF EXECUTED BY ALL THE VOTING
MEMBERS.  EACH MEMBER OF THE COMMISSION SHALL BE ENTITLED TO DESIGNATE A
REPRESENTATIVE TO ATTEND MEETINGS OF THE COMMISSION IN HIS OR HER PLACE,
AND TO VOTE OR OTHERWISE ACT ON HIS OR HER BEHALF IN HIS OR HER ABSENCE.
NOTICE OF SUCH DESIGNATION SHALL BE FURNISHED IN WRITING TO THE  COMMIS-
SION  BY  THE  DESIGNATING  MEMBER.  A REPRESENTATIVE SHALL SERVE AT THE
PLEASURE OF THE DESIGNATING MEMBER DURING THE MEMBER'S TERM OF OFFICE. A
REPRESENTATIVE SHALL NOT BE AUTHORIZED TO DELEGATE ANY  OF  HIS  OR  HER
DUTIES  OR  FUNCTIONS  TO ANY OTHER PERSON. THE COMMISSION SHALL MEET AT
THE CALL OF THE CHAIR OR UPON REQUEST OF THE MAJORITY OF THE MEMBERS.  A
MAJORITY OF THE MEMBERS OF THE COMMISSION SHALL CONSTITUTE A QUORUM, BUT
A LESSER NUMBER OF MEMBERS MAY CONDUCT HEARINGS.
  4.  NOTWITHSTANDING  ANY  INCONSISTENT PROVISION OF LAW, NO OFFICER OR
EMPLOYEE OF THE STATE, OF ANY POLITICAL SUBDIVISION OF THE STATE, OF ANY
GOVERNMENTAL ENTITY OPERATING ANY PUBLIC SCHOOL OR COLLEGE,  OR  OF  ANY
OTHER PUBLIC AGENCY OR INSTRUMENTALITY OR UNIT OF GOVERNMENT WHICH EXER-
CISES  GOVERNMENTAL  POWERS  UNDER  THE LAWS OF THE STATE, SHALL FORFEIT
SUCH OFFICE OR EMPLOYMENT BY REASON OF ACCEPTANCE OR  APPOINTMENT  AS  A
MEMBER, REPRESENTATIVE, OFFICER, EMPLOYEE OR AGENT OF THE COMMISSION NOR
SHALL SERVICE AS SUCH MEMBER, REPRESENTATIVE, OFFICER, EMPLOYEE OR AGENT
OF THE COMMISSION BE DEEMED INCOMPATIBLE OR IN CONFLICT WITH SUCH OFFICE
OR EMPLOYMENT. THE MEMBERS, THEIR REPRESENTATIVES, OFFICERS AND STAFF TO
THE  COMMISSION  SHALL BE DEEMED EMPLOYEES WITHIN THE MEANING OF SECTION
SEVENTEEN OF THE PUBLIC OFFICERS LAW.
  5. THE MEMBERS OF THE COMMISSION SHALL SERVE  WITHOUT  SALARY  OR  PER
DIEM  ALLOWANCE  BUT  SHALL  BE ENTITLED TO REIMBURSEMENT FOR ACTUAL AND
NECESSARY EXPENSES INCURRED IN THE PERFORMANCE OF OFFICIAL DUTIES PURSU-
ANT TO THIS ARTICLE OR OTHER PROVISION OF LAW; PROVIDED,  HOWEVER,  THAT
SUCH  MEMBERS AND REPRESENTATIVES ARE NOT, AT THE TIME SUCH EXPENSES ARE
INCURRED, PUBLIC EMPLOYEES OTHERWISE ENTITLED TO SUCH REIMBURSEMENT.
  S 252. POWERS AND DUTIES. 1. THE COMMISSION SHALL HAVE THE POWER TO:
  (A) ESTABLISH AND MAINTAIN A PRINCIPAL OFFICE WITHIN THE STATE;
  (B) APPOINT A SECRETARY, COUNSEL, AND SUCH OTHER EMPLOYEES AND  AGENTS
AS  IT MAY DEEM NECESSARY, FIX THEIR COMPENSATION WITHIN THE LIMITATIONS
PROVIDED BY LAW AND SUBJECT TO THE AVAILABILITY OF APPROPRIATIONS THERE-
FOR, AND PRESCRIBE THEIR DUTIES;
  (C) HOLD SUCH HEARINGS, MEET AND ACT AT SUCH TIMES  AND  PLACES,  TAKE
SUCH  TESTIMONY,  ADMINISTER SUCH OATHS OR AFFIRMATIONS AND RECEIVE SUCH
EVIDENCE AS THE COMMISSION CONSIDERS ADVISABLE TO CARRY OUT ITS  RESPON-
SIBILITIES;

S. 2176                             4

  (D) REQUIRE THE PRODUCTION OF ANY BOOKS AND PAPERS DEEMED RELEVANT, OR
MATERIAL TO ANY INVESTIGATION, EXAMINATION OR REVIEW;
  (E)  REQUEST AND RECEIVE FROM ANY DEPARTMENT, DIVISION, BOARD, COMMIS-
SION OR OTHER AGENCY OF THE STATE, INCLUDING  ANY  PUBLIC  AUTHORITY  OR
PUBLIC  BENEFIT  CORPORATION,  ONE  OR  MORE  OF THE MEMBERS OF WHICH IS
APPOINTED BY THE GOVERNOR, OR FROM  ANY  POLITICAL  SUBDIVISION  OF  THE
STATE,  ANY INFORMATION AND RESOURCES NECESSARY TO CARRY OUT THE RESPON-
SIBILITIES AND PROVISIONS SET FORTH IN THIS SECTION;
  (F) ENTER INTO CONTRACTS WITH ANY PERSON, FIRM,  PARTNERSHIP,  LIMITED
LIABILITY  COMPANY,  CORPORATION,  NOT-FOR-PROFIT CORPORATION, POLITICAL
SUBDIVISION OF THE STATE, OR GOVERNMENTAL ENTITY;
  (G) ACCEPT, AS AGENT OF THE STATE, ANY GIFT, GRANT, DEVISE OR BEQUEST,
WHETHER CONDITIONAL OR UNCONDITIONAL NOTWITHSTANDING THE  PROVISIONS  OF
SECTION ELEVEN OF THIS CHAPTER, INCLUDING FEDERAL GRANTS, FOR ANY OF THE
PURPOSES  OF THIS ARTICLE. ANY MONIES SO RECEIVED MAY BE EXPENDED BY THE
COMMISSION TO EFFECTUATE ANY PURPOSE OF THIS  ARTICLE,  SUBJECT  TO  THE
SAME  LIMITATIONS  AS  TO  APPROVAL  OF  EXPENDITURES  AND  AUDIT AS ARE
PRESCRIBED FOR STATE MONIES APPROPRIATED FOR THE PURPOSES OF THIS  ARTI-
CLE;
  (H)  ISSUE  SUCH  REPORTS AND OTHER DOCUMENTS AS THE COMMISSION DETER-
MINES TO BE NECESSARY OR ADVISABLE;
  (I) ADVISE AND MAKE RECOMMENDATIONS TO THE GOVERNOR, THE  LEGISLATURE,
THE  COMPTROLLER, AND OTHER AGENCIES, AUTHORITIES AND POLITICAL SUBDIVI-
SIONS OF THE STATE ON MATTERS AFFECTING THE  CONDITION  OF  THE  STATE'S
INFRASTRUCTURE; AND
  (J)  PERFORM  ANY OTHER FUNCTIONS THAT ARE NECESSARY OR APPROPRIATE TO
FULFILL THE DUTIES AND RESPONSIBILITIES OF THE OFFICE.
  2. THE COMMISSION SHALL BE EMPOWERED  TO  INITIATE,  INTERVENE  IN  OR
PARTICIPATE  IN  ANY PROCEEDINGS BEFORE THE PUBLIC SERVICE COMMISSION OR
OTHER AGENCY OR ENTITY, TO THE EXTENT THAT SUCH PROCEEDINGS ARE  RELATED
TO THE PROPER PLANNING, FINANCING, CONSTRUCTION, MAINTENANCE OR REHABIL-
ITATION  OF  INFRASTRUCTURE  UNDER  THE  REGULATORY JURISDICTION OF SUCH
COMMISSION, AGENCY OR ENTITY.
  3. THE COMMISSION SHALL STUDY THE CONDITION OF THE  INFRASTRUCTURE  OF
THE  STATE ON AN ONGOING BASIS, INCLUDING BUT NOT LIMITED TO A REVIEW OF
THE FOLLOWING MATTERS:
  (A) THE CAPACITY OF INFRASTRUCTURE TO SUSTAIN CURRENT AND  ANTICIPATED
ECONOMIC  DEVELOPMENT  AND COMPETITIVENESS, INCLUDING LONG-TERM ECONOMIC
GROWTH, INCLUDING THE POTENTIAL RETURN TO THE STATE ECONOMY  ON  INVEST-
MENTS  IN  NEW  INFRASTRUCTURE  AS  OPPOSED  TO  INVESTMENTS IN EXISTING
INFRASTRUCTURE;
  (B)  THE  AGE  AND  CONDITION  OF  PUBLIC  INFRASTRUCTURE   (INCLUDING
CONGESTION  AND  CHANGES  IN  THE  CONDITION  OF  THAT INFRASTRUCTURE AS
COMPARED WITH PRECEDING YEARS);
  (C) THE METHODS USED TO FINANCE THE CONSTRUCTION,  ACQUISITION,  REHA-
BILITATION  AND  MAINTENANCE  OF INFRASTRUCTURE (INCLUDING GENERAL OBLI-
GATION BONDS, TAX-CREDIT BONDS, REVENUE BONDS, USER FEES, EXCISE  TAXES,
DIRECT GOVERNMENTAL ASSISTANCE AND PRIVATE INVESTMENT);
  (D)  ANY  TRENDS  OR  INNOVATIONS  IN  METHODS  USED  TO  FINANCE  THE
CONSTRUCTION, ACQUISITION, REHABILITATION AND MAINTENANCE OF INFRASTRUC-
TURE;
  (E) INVESTMENT REQUIREMENTS,  BY  TYPE  OF  INFRASTRUCTURE,  THAT  ARE
NECESSARY  TO  MAINTAIN  THE  CURRENT  CONDITION  AND PERFORMANCE OF THE
INFRASTRUCTURE AND THE INVESTMENT NEEDED  (ADJUSTED  FOR  INFLATION  AND
EXPRESSED IN REAL DOLLARS) TO IMPROVE INFRASTRUCTURE IN THE FUTURE;

S. 2176                             5

  (F)  BASED  ON  THE  CURRENT  LEVEL  OF  EXPENDITURE  (CALCULATED AS A
PERCENTAGE OF TOTAL EXPENDITURE AND IN  CONSTANT  DOLLARS)  BY  FEDERAL,
STATE AND LOCAL GOVERNMENTS:
  (I)  THE  PROJECTED  AMOUNT  OF  NEED THE EXPENDITURES WILL MEET FIVE,
FIFTEEN, THIRTY AND FIFTY YEARS AFTER THE EFFECTIVE DATE OF  THIS  ARTI-
CLE; AND
  (II) THE LEVELS OF INVESTMENT REQUIREMENTS, AS IDENTIFIED IN PARAGRAPH
(E) OF THIS SUBDIVISION;
  (G) TRENDS OR INNOVATIONS IN INFRASTRUCTURE PROCUREMENT METHODS;
  (H)  TRENDS  OR  INNOVATIONS  IN CONSTRUCTION METHODS OR MATERIALS FOR
INFRASTRUCTURE;
  (I) THE IMPACT OF LOCAL DEVELOPMENT PATTERNS OF DEMAND FOR FUNDING  OF
INFRASTRUCTURE;
  (J) THE IMPACT OF DEFERRED MAINTENANCE; AND
  (K) THE COLLATERAL IMPACT OF DETERIORATED INFRASTRUCTURE.
  4.  THE  COMMISSION  SHALL  DEVELOP  RECOMMENDATIONS  BASED ON INITIAL
STUDIES UNDERTAKEN PURSUANT TO SUBDIVISION THREE OF  THIS  SECTION,  AND
SHALL  REPORT  ITS  FINDINGS  AND  RECOMMENDATIONS  TO THE GOVERNOR, THE
LEGISLATURE AND THE COMPTROLLER NOT LATER THAN EIGHTEEN MONTHS AFTER THE
EFFECTIVE DATE OF THIS ARTICLE. THE RECOMMENDATIONS  OF  THE  COMMISSION
SHALL  INCLUDE RECOMMENDED IMPROVEMENTS IN PRIORITIZING THE PLANNING AND
FUNDING OF INFRASTRUCTURE INVESTMENTS, IMPROVED PROCEDURES FOR  ENSURING
THAT  SCHEDULES FOR MAINTENANCE AND REHABILITATION OF INFRASTRUCTURE ARE
ADHERED TO, AND IMPROVEMENTS IN CRITERIA AND PROCEDURES THAT MAY BE USED
BY STATE AGENCIES AND AUTHORITIES AND LOCAL GOVERNMENTS IN:
  (A) INVENTORYING EXISTING AND NEEDED INFRASTRUCTURE IMPROVEMENTS;
  (B) ASSESSING THE CONDITION OF INFRASTRUCTURE IMPROVEMENTS;
  (C) DEVELOPING UNIFORM CRITERIA AND PROCEDURES FOR USE  IN  CONDUCTING
THE INVENTORIES AND ASSESSMENTS; AND
  (D)  MAINTAINING  DATA  IN  A  FORM  THAT IS READILY ACCESSIBLE TO THE
PUBLIC.
  5. THE COMMISSION SHALL REPORT UPDATED FINDINGS AND RECOMMENDATIONS IN
A MANNER CONSISTENT WITH THE PROVISIONS  OF  SUBDIVISION  FOUR  OF  THIS
SECTION. SUCH REPORTS SHALL BE ISSUED NOT LATER THAN THE LAST DAY OF THE
CALENDAR  YEAR FOLLOWING THE YEAR IN WHICH THE REPORT REQUIRED BY SUBDI-
VISION FOUR OF THIS SECTION IS ISSUED  AND,  THEREAFTER,  ON  AN  ANNUAL
BASIS.
  6.  THE COMMISSION SHALL ADVOCATE FOR THE NEED FOR EQUITABLE TREATMENT
OF THE INFRASTRUCTURE NEEDS OF THE  STATE  IN  ANY  APPROPRIATE  FEDERAL
PROCEEDING AND IN ANY MATTER OTHERWISE UNDER CONSIDERATION BY THE FEDER-
AL GOVERNMENT. THE COMMISSION SHALL MONITOR AND PARTICIPATE IN ANY EVAL-
UATIONS CONDUCTED BY FEDERAL AGENCIES OF THE STATE OF THE INFRASTRUCTURE
OF THE UNITED STATES.
  S  2.  This  act  shall take effect on the sixtieth day after it shall
have become a law.