Bill Text: NY S07067 | 2013-2014 | General Assembly | Introduced

New York Senate Bill 7067 (Prior Session Legislation)

Introduced

Bill Title: Relates to requiring periodic construction audits for certain private sector contractors.

Spectrum: Moderate Partisan Bill (Republican 4-1)

Status: (Introduced - Dead) 2014-04-23 - REFERRED TO ENERGY AND TELECOMMUNICATIONS [S07067 Detail]

Download: New_York-2013-S07067-Introduced.html

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         7067
                                   I N  S E N A T E
                                    April 23, 2014
                                      ___________
       Introduced  by  Sen. MAZIARZ -- read twice and ordered printed, and when
         printed to be committed to the Committee on  Energy  and  Telecommuni-
         cations
       AN  ACT  to  amend  the public authorities law, in relation to bi-annual
         construction audits
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1. Legislative intent. It is the intent of the legislature of
    2  the state of New York to ensure that electric ratepayer funds  are  used
    3  effectively  by  evaluating  the  completed work that has been funded by
    4  ratepayer funds under programs overseen and operated  by  the  New  York
    5  state energy research and development authority.
    6    S  2.  The  public  authorities law is amended by adding a new section
    7  1874 to read as follows:
    8    S 1874. BI-ANNUAL CONSTRUCTION AUDITS. 1. THE AUTHORITY  SHALL  AUDIT,
    9  ON   A  BI-ANNUAL  BASIS,  NO  LESS  THAN  TWENTY-FIVE  PERCENT  OF  THE
   10  CONSTRUCTION, RENOVATION, RETROFIT, RENEWABLE ENERGY, DISTRIBUTED GENER-
   11  ATION, OR ENERGY EFFICIENCY PROJECTS WHICH WERE PERFORMED BY  A  PRIVATE
   12  SECTOR CONTRACTOR AS UNDER A BENEFIT OR INCENTIVE PROGRAM WHICH IS OPER-
   13  ATED  BY THE AUTHORITY AND IS BACKED BY RATEPAYER FUNDS, FOR THE PURPOSE
   14  OF DETERMINING WHETHER SUCH CONSTRUCTION PROJECTS ARE FUNCTIONING  PROP-
   15  ERLY.  THE  TYPE OF AUDIT WILL VARY ON A CASE-BY-CASE BASIS DEPENDING ON
   16  WHICH AUTHORITY PROGRAM FUNDED THE PROJECT, THE TECHNOLOGY INVOLVED, AND
   17  THE TYPE OF BENEFIT THE PROJECT IS  SUPPOSED  TO  PROVIDE.  BENEFIT  AND
   18  INCENTIVE PROGRAMS THAT ARE FUNDED USING RATEPAYER FUNDS INCLUDE BUT ARE
   19  NOT  LIMITED  TO  PROJECTS  FUNDED  BY  THE RENEWABLE PORTFOLIO STANDARD
   20  (RPS), THE SYSTEMS BENEFIT CHARGE (SBC),  THE  REGIONAL  GREENHOUSE  GAS
   21  INITIATIVE (RGGI), AND THE ENERGY EFFICIENCY PORTFOLIO STANDARD (EEPS).
   22    2.  THE  AUTHORITY  SHALL BE REQUIRED TO ISSUE A REPORT CONTAINING ITS
   23  FINDINGS NO LATER THAN SIX MONTHS AFTER IT COMPLETES  AN  AUDIT  TO  THE
   24  TEMPORARY  PRESIDENT  OF  THE  SENATE,  THE SPEAKER OF THE ASSEMBLY, THE
   25  CHAIR OF THE SENATE ENERGY AND TELECOMMUNICATIONS COMMITTEE,  THE  CHAIR
   26  OF  THE  PUBLIC SERVICE COMMISSION, AND THE CHAIR OF THE ASSEMBLY ENERGY
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD14799-01-4
       S. 7067                             2
    1  COMMITTEE. THE REPORT SHALL ALSO BE MADE AVAILABLE TO THE PUBLIC ON  THE
    2  AUTHORITY'S WEBSITE.
    3    3.  THE  AUTHORITY  SHALL  DEVELOP  A  SCORING  SYSTEM AND ASSIGN EACH
    4  CONTRACTOR AUDITED A "SCORE"  INDICATING  THE  RELATIVE  PERFORMANCE  OF
    5  CONSTRUCTION   WORK   AS   COMPARED  TO  ITS  PURPOSE  AT  THE  TIME  OF
    6  CONSTRUCTION. SUCH SCORE SHALL TAKE INTO ACCOUNT, AMONG  OTHER  CRITERIA
    7  THAT  THE AUTHORITY DEEMS RELEVANT; THE TECHNOLOGY INVOLVED AND THE TYPE
    8  OF BENEFIT THE PROJECT IS SUPPOSED TO PROVIDE; THE AGE OF  THE  PROJECT;
    9  WHETHER   TECHNOLOGICAL   ADVANCEMENTS  ARE  AVAILABLE  TO  IMPROVE  THE
   10  PROJECT'S PERFORMANCE AS IT RELATES TO ENERGY  EFFICIENCY;  WHETHER  THE
   11  PROJECT  IS  OPERATING  SAFELY;  WHETHER  THE  PROJECT PRESENTS A SAFETY
   12  THREAT TO SUBSEQUENT OWNERS, OPERATORS, AND THIRD PARTIES; IF  A  STRUC-
   13  TURE,  THE  STRUCTURAL INTEGRITY THEREOF; THE OVERALL FUNCTIONING OF THE
   14  PROJECT; AND ANYTHING ELSE THAT THE AUTHORITY DEEMS NECESSARY AND APPRO-
   15  PRIATE.
   16    4. THE OWNERS OR OPERATORS OF EACH BUILDING, STRUCTURE, OR OTHER ENTI-
   17  TY TO WHICH CONSTRUCTION OR RENOVATIONS WERE PERFORMED  USING  RATEPAYER
   18  FUNDS  IS  HEREBY DIRECTED TO COOPERATE FULLY WITH THE AUDIT REQUIRED BY
   19  THIS SECTION, AND TO PROVIDE ACCESS  TO  THE  PREMISES  UPON  REASONABLE
   20  NOTICE.
   21    5.  THE  AUTHORITY  SHALL  CONSIDER  THE RESULTS OF EACH AUDIT AND THE
   22  RELATIVE PERFORMANCE OF EACH CONTRACTOR EXAMINED,  AND  SHALL  USE  SUCH
   23  INFORMATION  AS  A  DETERMINING FACTOR AS TO EACH CONTRACTOR'S CONTINUED
   24  PARTICIPATION IN ANY RATEPAYER-FUNDED PROGRAM. IN PREPARING ITS  REPORT,
   25  THE  AUTHORITY  SHALL LIST ANY AND ALL CONTRACTORS WHO HAVE BEEN REMOVED
   26  FROM ITS PROGRAM DUE TO SUB-STANDARD PERFORMANCE.
   27    S 3. This act shall take effect January 1, 2015.