Bill Text: NY A03780 | 2009-2010 | General Assembly | Introduced
Bill Title: An act to amend the public authorities law and the highway law, in relation to certain highway and bridge construction projects located in cities with a population of one million or more
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Introduced - Dead) 2010-06-15 - reported referred to ways and means [A03780 Detail]
Download: New_York-2009-A03780-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
3780
2009-2010 Regular Sessions
I N A S S E M B L Y
January 28, 2009
___________
Introduced by M. of A. LENTOL, V. LOPEZ, ORTIZ, MILLMAN -- read once and
referred to the Committee on Corporations, Authorities and Commissions
AN ACT to amend the public authorities law and the highway law, in
relation to certain highway and bridge construction projects located
in cities with a population of one million or more
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. The public authorities law is amended by adding a new
2 section 2877-a to read as follows:
3 S 2877-A. HIGHWAY AND BRIDGE CONSTRUCTION PROJECTS; INDEPENDENT ENGI-
4 NEER. 1. DEFINITIONS. FOR THE PURPOSES OF THIS SECTION THE FOLLOWING
5 TERMS SHALL HAVE THE FOLLOWING MEANINGS:
6 (A) "PROJECT" SHALL MEAN THE CONSTRUCTION, MAINTENANCE, REPAIR, RECON-
7 STRUCTION OR REHABILITATION OF ANY STATE OR LOCAL HIGHWAY OR BRIDGE
8 LOCATED IN A CITY WITH A POPULATION OF ONE MILLION OR MORE WHERE THE
9 INITIAL COST IS MORE THAN TEN MILLION DOLLARS OVER THE LIFE OF THE
10 PROJECT.
11 (B) "TECHNICAL ASSISTANCE" SHALL INCLUDE, BUT NOT BE LIMITED TO, THE
12 CONCEPTUALIZATION, REVIEW, ANALYSIS AND INTERPRETATION OF THE PLANNING
13 STUDIES, CONSTRUCTION PLANS AND DESIGN SPECIFICATIONS FOR THE PROJECT,
14 THE AUTHORITY'S PROJECTED TIME SCHEDULE FOR COMMENCEMENT AND COMPLETION
15 FOR THE PROJECT, THE AUTHORITY'S MAINTENANCE PLANS FOR THE PROJECT, AND
16 THE AUTHORITY'S PLAN FOR CONGESTION MITIGATION, DESIGNATION OF ALTERNATE
17 ROUTES AND ENHANCEMENT OF PUBLIC TRANSIT ACCOMMODATIONS AS A RESULT OF
18 THE PROJECT AND ANY OTHER QUALITY OF LIFE ISSUES AFFECTED BY THE
19 PROJECT.
20 2. EVERY PUBLIC AUTHORITY THAT ENTERS INTO A CONTRACT FOR A PROJECT
21 SHALL BE SUBJECT TO THE PROVISIONS OF THIS SECTION. SUCH PUBLIC AUTHORI-
22 TY IS HEREBY AUTHORIZED AND DIRECTED TO ESTABLISH A PROJECT TASK FORCE
23 TO PARTICIPATE MORE FULLY IN DECISIONS AFFECTING THE HEALTH, SAFETY,
24 ENVIRONMENT AND GENERAL WELFARE. TO ACHIEVE SUCH PURPOSE, A PUBLIC
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05922-01-9
A. 3780 2
1 AUTHORITY SHALL PROVIDE OPPORTUNITIES FOR TASK FORCE AND CITIZEN
2 INVOLVEMENT AND ENCOURAGE CONSULTATION WITH THE PUBLIC EARLY IN THE
3 PROCESS WHEN PROJECT PLANNING STUDIES OF ANY HIGHWAY AND BRIDGE
4 CONSTRUCTION PROJECT COMMENCES AS WELL AS DURING THE ENTIRE PROCESS OF
5 DESIGNING AND PLANNING OF ANY HIGHWAY AND BRIDGE PROJECT BEFORE THE
6 AUTHORITY FORMS OR ADOPTS FINAL DESIGN PLANS FOR SUCH PROJECT AND
7 THROUGHOUT ALL CONSTRUCTION PHASES.
8 3. FOR EVERY PROJECT, CONTRACTED IN ACCORDANCE WITH THE PROVISIONS OF
9 SUBDIVISION TWO OF THIS SECTION, THE AUTHORITY SHALL CONTRACT FOR THE
10 SERVICES OF A QUALIFIED, PROFESSIONAL ENGINEER, LICENSED BY THE STATE OF
11 NEW YORK IN ACCORDANCE WITH ARTICLE ONE HUNDRED FORTY-FIVE OF THE EDUCA-
12 TION LAW. SUCH ENGINEER SHALL PROVIDE TECHNICAL ASSISTANCE TO THE TASK
13 FORCE ESTABLISHED BY THE AUTHORITY ON SUCH PROJECT. FUNDS SHALL BE MADE
14 AVAILABLE FOR SUCH SERVICES FROM THE PROCEEDS DEDICATED OR TO BE DEDI-
15 CATED FOR A SPECIFIC PROJECT AND SHALL NOT BE LESS THAN ONE PERCENT OF
16 THE COST OF THE ENGINEERING BUDGET FOR SUCH PROJECT.
17 4. EVERY PUBLIC AUTHORITY SUBJECT TO THE PROVISIONS OF THIS SECTION
18 SHALL ESTABLISH A PROJECT TASK FORCE TO CONSIST OF A REPRESENTATIVE OF
19 THE COMMUNITY WHERE THE PROJECT IS TO BE LOCATED, A REPRESENTATIVE OF
20 THE LOCAL COMMUNITY BOARD WHERE THE PROJECT IS TO BE LOCATED TO BE
21 SELECTED BY THE LOCAL COMMUNITY BOARD, MEMBERS OF THE ASSEMBLY AND
22 SENATE MEMBERS WHOSE DISTRICTS CONTAIN THE AREA WHERE THE PROJECT IS TO
23 BE LOCATED, AND A CITY COUNCIL REPRESENTATIVE AND THE BOROUGH PRESIDENT,
24 IF ANY. SUCH MEMBERS SHALL HAVE FULL PARTICIPATION IN THE AWARDING OF A
25 CONTRACT TO AN INDEPENDENT ENGINEER.
26 5. THE WORK PRODUCT OF AN INDEPENDENT ENGINEER SHALL NOT BE USED BY
27 ANY MEMBER OF THE TASK FORCE IN A LAWSUIT CHALLENGING A PUBLIC AUTHORI-
28 TY'S AUTHORITY TO GO FORWARD WITH THE PROJECT.
29 6. AS PART OF ANY CONTRACT FOR SERVICES, A PUBLIC AUTHORITY MAY
30 REQUIRE AN INDEPENDENT ENGINEER TO SUBMIT PERIODIC REPORTS TO THE
31 AUTHORITY DETAILING THE WORK PERFORMED, MEETINGS ATTENDED, NUMBER OF
32 HOURS WORKED AND ANY OTHER INFORMATION NECESSARY TO ENSURE THAT THE
33 PURPOSES OF THIS SECTION ARE BEING CARRIED OUT.
34 S 2. The highway law is amended by adding a new section 38-a to read
35 as follows:
36 S 38-A. HIGHWAY AND BRIDGE CONSTRUCTION PROJECTS; INDEPENDENT ENGI-
37 NEER. 1. DEFINITIONS. FOR THE PURPOSES OF THIS SECTION THE FOLLOWING
38 TERMS SHALL HAVE THE FOLLOWING MEANINGS:
39 (A) "PROJECT" SHALL MEAN THE CONSTRUCTION, MAINTENANCE, REPAIR, RECON-
40 STRUCTION OR REHABILITATION OF ANY STATE HIGHWAYS OR STATE-OWNED BRIDGES
41 LOCATED IN A CITY WITH A POPULATION OF ONE MILLION OR MORE WHERE THE
42 INITIAL COST IS MORE THAN TEN MILLION DOLLARS OVER THE LIFE OF THE
43 PROJECT.
44 (B) "TECHNICAL ASSISTANCE" SHALL INCLUDE, BUT NOT BE LIMITED TO, THE
45 CONCEPTUALIZATION, REVIEW, ANALYSIS AND INTERPRETATION OF THE: PLANNING
46 STUDIES, CONSTRUCTION PLANS AND DESIGN SPECIFICATIONS FOR THE PROJECT;
47 THE DEPARTMENT'S PROJECTED TIME SCHEDULE FOR COMMENCEMENT AND COMPLETION
48 FOR THE PROJECT; THE DEPARTMENT'S MAINTENANCE PLANS FOR THE PROJECT, AND
49 THE DEPARTMENT'S PLAN FOR CONGESTION MITIGATION, DESIGNATION OF ALTER-
50 NATE ROUTES AND ENHANCEMENT OF PUBLIC TRANSIT ACCOMMODATIONS AS A RESULT
51 OF THE PROJECT AS WELL AS OTHER QUALITY OF LIFE ISSUES AFFECTED BY THE
52 PROJECT.
53 2. THE COMMISSIONER IS HEREBY AUTHORIZED AND DIRECTED TO ENCOURAGE AND
54 ENABLE CITIZENS TO PARTICIPATE MORE FULLY IN DECISIONS THAT AFFECT THEIR
55 HEALTH, SAFETY, ENVIRONMENT AND GENERAL WELFARE. TO ACHIEVE SUCH
56 PURPOSE, THE COMMISSIONER SHALL ESTABLISH A PROJECT TASK FORCE TO
A. 3780 3
1 PROVIDE OPPORTUNITIES FOR FULL CITIZEN INVOLVEMENT AND CONSULTATION
2 EARLY IN THE PROCESS WHEN PROJECT PLANNING STUDIES OF ANY HIGHWAY AND
3 BRIDGE CONSTRUCTION PROJECT COMMENCES AS WELL AS DURING THE ENTIRE PROC-
4 ESS OF DESIGNING AND PLANNING OF ANY HIGHWAY AND BRIDGE PROJECT BEFORE
5 THE AUTHORITY FORMS OR ADOPTS FINAL DESIGN PLANS FOR SUCH PROJECT AND
6 THROUGHOUT ALL CONSTRUCTION PHASES.
7 3. THE COMMISSIONER SHALL CONTRACT FOR THE SERVICES OF A QUALIFIED,
8 PROFESSIONAL ENGINEER, LICENSED BY THE STATE OF NEW YORK IN ACCORDANCE
9 WITH ARTICLE ONE HUNDRED FORTY-FIVE OF THE EDUCATION LAW. SUCH ENGINEER
10 SHALL PROVIDE TECHNICAL ASSISTANCE TO THE RESIDENTS OF THE COMMUNITY IN
11 WHICH THE PROJECT IS TO BE LOCATED. FUNDS SHALL BE MADE AVAILABLE FOR
12 SUCH SERVICES FROM THE PROCEEDS DEDICATED OR TO BE DEDICATED FOR A
13 SPECIFIC PROJECT AND SHALL NOT BE LESS THAN ONE PERCENT OF THE ENGINEER-
14 ING COSTS OF SUCH PROJECT.
15 4. THE COMMISSIONER SHALL ESTABLISH BY RULE AND REGULATION A PROCESS
16 FOR ESTABLISHING A PROJECT TASK FORCE CONSISTING OF A REPRESENTATIVE OF
17 THE COMMUNITY WHERE THE PROJECT IS TO BE LOCATED, AN APPOINTED REPRESEN-
18 TATIVE OF THE LOCAL COMMUNITY BOARD, AN ASSEMBLYMAN, A SENATOR, A CITY
19 COUNCIL REPRESENTATIVE AND THE BOROUGH PRESIDENT, IF ANY. SUCH MEMBERS
20 SHALL HAVE FULL PARTICIPATION IN THE AWARDING OF A CONTRACT TO AN INDE-
21 PENDENT ENGINEER.
22 5. THE WORK PRODUCT OF AN INDEPENDENT ENGINEER SHALL NOT BE USED BY
23 ANY MEMBERS OF THE TASK FORCE IN A LAWSUIT CHALLENGING AN AGENCY'S
24 AUTHORITY TO GO FORWARD WITH THE PROJECT.
25 6. AS PART OF ANY CONTRACT FOR SERVICES, THE COMMISSIONER MAY REQUIRE
26 AN INDEPENDENT ENGINEER TO SUBMIT PERIODIC REPORTS TO THE DEPARTMENT
27 DETAILING THE WORK PERFORMED, MEETINGS ATTENDED, NUMBER OF HOURS WORKED
28 AND ANY OTHER INFORMATION NECESSARY TO ENSURE THAT THE PURPOSES OF THIS
29 SECTION ARE BEING CARRIED OUT.
30 S 3. This act shall take effect on the one hundred eightieth day after
31 it shall have become a law. Effective immediately any rule or regulation
32 necessary for the timely implementation of this act may be promulgated
33 on or before such date.
