Senate Bill S5664

Vetoed By Governor
2023-2024 Legislative Session

Relates to public employees' supervision, examination, review, and determination of acceptability of public works projects performed by contractors

download bill text pdf

Sponsored By

Current Bill Status Via A4720 - Vetoed by Governor


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Vetoed By Governor
  • Signed By Governor

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2023-S5664 (ACTIVE) - Details

See Assembly Version of this Bill:
A4720
Law Section:
Public Works
Laws Affected:
Amd Part F §§15-a & 15-b, Chap 60 of 2015
Versions Introduced in 2021-2022 Legislative Session:
S7244, A6664

2023-S5664 (ACTIVE) - Summary

Requires certain public employees to be on the site for the duration of public works projects completed by contractors; requires such certain public employees to review a contractor's work on public works projects and determine whether the work performed is acceptable.

2023-S5664 (ACTIVE) - Sponsor Memo

2023-S5664 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5664
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              March 13, 2023
                                ___________
 
 Introduced  by Sens. KENNEDY, MANNION -- read twice and ordered printed,
   and when printed to be committed to the Committee on  Procurement  and
   Contracts
 
 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
 PERFORMED BY CONTRACTORS IS ACCEPTABLE AND HAS BEEN PERFORMED IN ACCORD-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09824-01-3
              

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