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A04720 Summary:

BILL NOA04720
 
SAME ASSAME AS S05664
 
SPONSORMcDonald
 
COSPNSR
 
MLTSPNSR
 
Amd Part F 15-a & 15-b, Chap 60 of 2015
 
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.
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A04720 Actions:

BILL NOA04720
 
02/22/2023referred to governmental operations
02/28/2023reported referred to ways and means
05/23/2023reported referred to rules
05/24/2023reported
05/24/2023rules report cal.228
05/24/2023ordered to third reading rules cal.228
06/08/2023passed assembly
06/08/2023delivered to senate
06/08/2023REFERRED TO RULES
06/08/2023SUBSTITUTED FOR S5664
06/08/20233RD READING CAL.1198
06/08/2023PASSED SENATE
06/08/2023RETURNED TO ASSEMBLY
11/29/2023delivered to governor
12/08/2023vetoed memo.85
12/08/2023tabled
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A04720 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A4720
 
SPONSOR: McDonald
  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 accord- ance with the the requirements of applicable design-build contracts. The language also clarifies that a public employee may accept a contractor'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: A.6664-A of 2022   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.
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A04720 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          4720
 
                               2023-2024 Regular Sessions
 
                   IN ASSEMBLY
 
                                    February 22, 2023
                                       ___________
 
        Introduced by M. of A. McDONALD -- read once and referred to the Commit-
          tee on Governmental Operations
 
        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:
 
     1    Section  1. Sections 15-a and 15-b of part F of chapter 60 of the laws
     2  of 2015, constituting the infrastructure investment  act,  as  added  by
     3  section  5  of part DD of chapter 58 of the laws of 2020, are amended to
     4  read as follows:
     5    § 15-a. Any contract awarded pursuant to this act shall be  deemed  to
     6  be awarded pursuant to a competitive procurement for purposes of section
     7  2879  of the public authorities law, provided that all contracts awarded
     8  shall require a public employee or public employees, as defined by para-
     9  graph (a) of subdivision 7 of section 201 of the civil service  law  and
    10  who  are  employed by authorized entities as defined by paragraph (i) of
    11  subdivision (a) of section two of this act and who  are  licensed  under
    12  articles  145, 147 and 148 of the education law to be on the site of the
    13  project for the duration of such project to the extent deemed  appropri-
    14  ate  by  such  public  employee or employees. Such requirement shall not
    15  limit contractors' obligations under  design-build  contracts  to  issue
    16  their  own  initial  certifications  of substantial completion and final
    17  completion or any other obligations under the design-build contracts.
    18    § 15-b. Public employees as defined by paragraph (a) of subdivision  7
    19  of  section 201 of the civil service law and who are employed by author-
    20  ized entities as defined in paragraph (i) of subdivision (a) of  section
    21  two of this act shall examine [and], review [certifications provided  by
    22  contractors  for  conformance  with],  and  determine  whether  the work
    23  performed by contractors is acceptable and has been performed in accord-
    24  ance with the applicable  design-build  contracts.    Such  examination,
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09824-01-3

        A. 4720                             2
 
     1  review,  and determination shall include, but not be limited to material
     2  source testing, certifications testing, surveying, monitoring  of  envi-
     3  ronmental compliance, independent quality control testing and inspection
     4  and quality assurance audits.  Such public employees may accept contrac-
     5  tors' substantial or final completion of the public works as applicable.
     6  Performance  by  authorized  entities  of  any  review described in this
     7  subdivision shall not be construed to modify or limit contractors' obli-
     8  gations to  perform  work  in  strict  accordance  with  the  applicable
     9  design-build  contracts or the contractors' or any subcontractors' obli-
    10  gations or liabilities under any law.
    11    § 2. This act shall take effect immediately; provided,  however,  that
    12  the  amendments  to  part  F  of  chapter 60 of the laws of 2015 made by
    13  section one of this act shall not affect the repeal  of  such  part  and
    14  shall be deemed repealed therewith.
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