BILL NUMBER: S4415

SPONSOR: COMRIE
 
TITLE OF BILL:

An act to amend the public authorities law, in relation to expediting
metropolitan commuter transportation authority capital project
construction by establishing a process for utility relocation necessary
for such construction

 
PURPOSE:

This bill will expedite MTA capital projects by requiring public service
corporations, including Con Edison, National Grid, the Empire City
Subway Company, the Long Island Power Authority(LIPA), as well as Veri-
zon and other telecommunications companies, to perform work required to
support MTA's relocation of their utilities on a schedule reasonably
determined by MTA after consultation with the utility companies.

 
SUMMARY OF SPECIFIC PROVISIONS:

Adds a new subdivision, 12-b, to Public Authorities Law § 1266, estab-
              

lishing several requirements. First, public service corporations (or
utility companies) must review and approve MTA's plans and designs to
relocate their utilities either within 30 days or within a reasonable
period of time set by MTA after consultation with the utility company.
Second, any relocation or new installation work that a utility company
requires to be performed by forces under the control of the utility
company must be performed according to a schedule set by MTA after
consultation with the utility company - provided that the schedule is
reasonable and that MTA provides at least 30 days' notice. Third, in
reviewing the designs for the relocation work, a utility company may not
require MTA to provide for anticipated future service increases or other
"betterments" without MTA's agreement. Finally, the subdivision states
that a utility company may only require MTA to comply with current stan-
dards within the area of the required utility work.

 
JUSTIFICATION:

Gas lines are always located underground. Many parts of New York City,
especially Manhattan, also have underground electrical, steam, telephone
and other telecommunications lines located under the streets and side-
walks. Protection and relocation of these utility lines is often neces-
sary whenever new elevator shafts are dug to provide disabled persons
with access to the subway; when new subway stations, tunnels or
entrances are constructed; when existing facilities are rehabilitated;
or when other work involving excavation is performed in the City and
other parts of MTA's service area. To progress its construction
projects, MTA is dependent on support from the companies that own these
utility lines, including Con Edison, National Grid, the Empire City
Subway Company, and LIPA, as well as Verizon and other telecommuni-
cations companies.

This bill will expedite MTA construction projects by requiring that
utility companies support the relocation of their utilities within
reasonable timeframes set by MTA, after consultation with the utility
company. MTA construction projects are often delayed by excessive times
for review and approval of MTA plans and wait-time for the utility

companies to perform work that they require to be performed by their own
employees.

MTA's upcoming mega-project to construct Phase 2 of the Second Avenue
Subway will require large-scale relocation of electric, telecommuni-
cation and gas lines as well as other utilities. In addition, the Penn
Access project, the installation of new ADA elevators, and many other
MTA construction projects will require significant utility relocations.
Though MTA's contractors perform the bulk of the relocation work, delays
occur when utility companies do not provide approvals or support
construction activities in a timely way. Delays also occur when utility
companies such as Con Edison must perform live connections on their own
utilities when an MTA contractor's relocation work is complete. This
bill will make the utility companies responsible for providing approvals
and performing the work within reasonable timeframes determined by MTA,
after consultation with the utility company. While this bill will place
a new requirement on utility companies, it should be noted that for many
years MTA public work projects requiring utility relocations have bene-
fitted those companies. When MTA contractors relocate utility pipes and
cables, they are replacing older, depreciated infrastructure - sometimes
over 100 years old - with new and upgraded (to current standards)
infrastructure.  This provides a significant benefit to utility compa-
nies, which are normally responsible for replacement of their own aging
infrastructure.

 
PRIOR LEGISLATIVE HISTORY:

This is a new bill.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
Effective immediately.