New York State Assembly

 
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A04720 Summary:

A04720 Actions:

A04720 Committee Votes:

Committee:GOVERNMENTAL OPERATIONS   Chair:McDonald      
DATE:02/28/2023AYE/NAY:12/1  Action: Favorable refer to committee Ways and Means        
McDonald
Aye
Durso
Aye
Glick
Aye
Goodell
Nay
Kim
Aye
Beephan
Aye
Bichotte Hermel
Absent
Slater
Aye
Hyndman
Aye
Williams
Aye
Wallace
Aye
Meeks
Aye
Raga
Aye
Simone
Aye

Committee:WAYS AND MEANS   Chair:Weinstein      
DATE:05/23/2023AYE/NAY:30/3  Action: Favorable refer to committee Rules        
Weinstein
Aye
Ra
Aye
Glick
Aye
Fitzpatrick
Nay
Pretlow
Aye
Hawley
Excused
Colton
Aye
Blankenbush
Aye
Cook
Aye
Norris
Nay
Aubry
Aye
Brabenec
Aye
Benedetto
Aye
Palmesano
Aye
Weprin
Aye
Walsh
Nay
Ramos
Aye
DeStefano
Aye
Braunstein
Aye
Manktelow
Aye
McDonald
Aye
Smullen
Aye
Rozic
Aye
Dinowitz
Aye
Joyner
Aye
Magnarelli
Absent
Zebrowski
Aye
Bronson
Aye
Dilan
Aye
Seawright
Aye
Hyndman
Aye
Walker
Aye
Bichotte Hermel
Aye
Simon
Aye
Cruz
Aye

Committee:RULES   Chair:Pretlow      
DATE:05/24/2023AYE/NAY:27/1  Action: Favorable         
Heastie
Excused
Barclay
Aye
Weinstein
Aye
Hawley
Excused
Pretlow
Aye
Giglio
Aye
Cook
Aye
Blankenbush
Aye
Glick
Aye
Norris
Nay
Aubry
Aye
Ra
Aye
Dinowitz
Aye
Brabenec
Aye
Colton
Aye
Palmesano
Aye
Magnarelli
Aye
Reilly
Aye
Paulin
Aye
Peoples-Stokes
Aye
Benedetto
Aye
Lavine
Aye
Lupardo
Aye
Zebrowski
Aye
Thiele
Aye
Braunstein
Excused
Dickens
Aye
Davila
Aye
Hyndman
Aye
Rozic
Aye
Bronson
Aye

A04720 Floor Votes:

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.