NY State Senate Bill S5664

Current Bill Status - On Floor Calendar

Introduced
In Committee
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Actions

view actions (4)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 24, 2023	advanced to third reading
May 23, 2023	2nd report cal.
May 22, 2023	1st report cal.1198
Mar 13, 2023	referred to procurement and contracts

Votes

view votes

May 22, 2023 - Procurement and Contracts committee Vote

S5664

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

show Procurement and Contracts committee vote details

Procurement and Contracts Committee Vote: May 22, 2023

aye (5)

aye wr (2)

Co-Sponsors

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

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.

S5664 (ACTIVE) - Sponsor Memo

 
BILL NUMBER: S5664

SPONSOR: KENNEDY
 
TITLE OF BILL:

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

 
PURPOSE OR GENERAL IDEA OF BILL:

The purpose of this bill is to clarify that contracts awarded pursuant
to a competitive procurement for purposes of section 2879 of the public
authorities law shall require a public employee or public employees to
be on site and approve of the work done in accordance with the contract.

 
SUMMARY OF PROVISIONS:

Section 1 amends section 15-a of part f of chapter 60 of the laws of
2015, as added by section 5 of part dd of chapter 58 of the laws of 2020
to require public employees to be on site for the duration of the
project to the extent deemed appropriate by such public employee or

employees.

Section 1 also amends section 15-b of part f of chapter 60 of the laws
of 2015, as added by section 5 of part DD of chapter 58 of the- laws of
2020 'to require that a public employee must sign off on whether the
work performed by contractors is acceptable and has been performed in
accordance with the requirements of applicable design-build contracts.
The language also clarifies that a public employee may accept a contrac-
tor's substantial or final completion requirements.

Section 2 is the effective date.

 
JUSTIFICATION:

Public employees have the experience and expertise to make sure that
projects in New York State meet the standards that have been agreed to.
By requiring their presence on site, and final approval, there is a
greater level of protection afforded to the residents of the state.
During the performance of a project, any potential issues may be identi-
fied, and before completion of a project the public employees will
perform an examination to make sure the project complies with expecta-
tions and is acceptable.

 
PRIOR LEGISLATIVE HISTORY:

S.7244/A.6664A of 2021-22

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect immediately; provide, 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.

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

 S. 5664                             2
 
 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.

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The New York State Senate

senate Bill S5664

Sponsored By

Current Bill Status - On Floor Calendar

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Actions

Votes

May 22, 2023 - Procurement and Contracts committee Vote

Procurement and Contracts Committee Vote: May 22, 2023

Co-Sponsors

S5664 (ACTIVE) - Details

S5664 (ACTIVE) - Summary

S5664 (ACTIVE) - Sponsor Memo

S5664 (ACTIVE) - Bill Text download pdf

Comments

senate Bill S5664

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Sponsored By

Timothy M. Kennedy

Current Bill Status - On Floor Calendar

Your Voice

Actions

Votes

May 22, 2023 - Procurement and Contracts committee Vote

Procurement and Contracts Committee Vote: May 22, 2023

Co-Sponsors

John W. Mannion

S5664 (ACTIVE) - Details

S5664 (ACTIVE) - Summary

S5664 (ACTIVE) - Sponsor Memo

S5664 (ACTIVE) - Bill Text download pdf

Comments