S T A T E O F N E W Y O R K
________________________________________________________________________
6664--A
2021-2022 Regular Sessions
I N A S S E M B L Y
March 24, 2021
___________
Introduced by M. of A. McDONALD -- read once and referred to the Commit-
tee on Governmental Operations -- reported and referred to the Commit-
tee on Ways and Means -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee
AN ACT to amend the infrastructure investment act, in relation to public
employees' supervision, examination, review, and determination of
acceptability of public works projects performed by contractors
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Sections 15-a and 15-b of part F of chapter 60 of the laws
of 2015, constituting the infrastructure investment act, as added by
section 5 of part DD of chapter 58 of the laws of 2020, are amended to
read as follows:
§ 15-a. Any contract awarded pursuant to this act shall be deemed to
be awarded pursuant to a competitive procurement for purposes of section
2879 of the public authorities law, PROVIDED THAT ALL CONTRACTS AWARDED
SHALL REQUIRE A PUBLIC EMPLOYEE OR PUBLIC EMPLOYEES, AS DEFINED BY PARA-
GRAPH (A) OF SUBDIVISION 7 OF SECTION 201 OF THE CIVIL SERVICE LAW AND
WHO ARE EMPLOYED BY AUTHORIZED ENTITIES AS DEFINED BY PARAGRAPH (I) OF
SUBDIVISION (A) OF SECTION TWO OF THIS ACT AND WHO ARE LICENSED UNDER
ARTICLES 145, 147 AND 148 OF THE EDUCATION LAW TO BE ON THE SITE OF THE
PROJECT FOR THE DURATION OF SUCH PROJECT TO THE EXTENT DEEMED APPROPRI-
ATE BY SUCH PUBLIC EMPLOYEE OR EMPLOYEES. SUCH REQUIREMENT SHALL NOT
LIMIT CONTRACTORS' OBLIGATIONS UNDER DESIGN-BUILD CONTRACTS TO ISSUE
THEIR OWN INITIAL CERTIFICATIONS OF SUBSTANTIAL COMPLETION AND FINAL
COMPLETION OR ANY OTHER OBLIGATIONS UNDER THE DESIGN-BUILD CONTRACTS.
§ 15-b. Public employees as defined by paragraph (a) of subdivision 7
of section 201 of the civil service law and who are employed by author-
ized entities as defined in paragraph (i) of subdivision (a) of section
two of this act shall examine [and], review [certifications provided by
contractors for conformance with], AND DETERMINE WHETHER THE WORK
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10623-02-1
A. 6664--A 2
PERFORMED BY CONTRACTORS IS ACCEPTABLE AND HAS BEEN PERFORMED IN ACCORD-
ANCE WITH THE APPLICABLE DESIGN-BUILD CONTRACTS. SUCH EXAMINATION,
REVIEW, AND DETERMINATION SHALL INCLUDE, BUT NOT BE LIMITED TO material
source testing, certifications testing, surveying, monitoring of envi-
ronmental compliance, independent quality control testing and inspection
and quality assurance audits. SUCH PUBLIC EMPLOYEES MAY ACCEPT CONTRAC-
TORS' SUBSTANTIAL OR FINAL COMPLETION OF THE PUBLIC WORKS AS APPLICABLE.
Performance by authorized entities of any review described in this
subdivision shall not be construed to modify or limit contractors' obli-
gations to perform work in strict accordance with the applicable
design-build contracts or the contractors' or any subcontractors' obli-
gations or liabilities under any law.
§ 2. This act shall take effect immediately; provided, however, that
the amendments to part F of chapter 60 of the laws of 2015 made by
section one of this act shall not affect the repeal of such part and
shall be deemed repealed therewith.