Bill Text: NY A04035 | 2023-2024 | General Assembly | Introduced

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Bill Title: Expedites MTA capital project improvement, construction, reconstruction, or rehabilitation by establishing a process for utility relocation necessary for such project.

Spectrum: Partisan Bill (Democrat 14-0)

Status: (Introduced) 2024-01-03 - referred to corporations, authorities and commissions [A04035 Detail]

Download: New_York-2023-A04035-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          4035

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    February 9, 2023
                                       ___________

        Introduced  by  M.  of  A.  MAMDANI  --  Multi-Sponsored  by -- M. of A.
          CARROLL,  FORREST,  GALLAGHER,  MITAYNES,  RAGA,  SEAWRIGHT,  SEPTIMO,
          SHRESTHA,  SIMONE -- read once and referred to the Committee on Corpo-
          rations, Authorities and Commissions

        AN ACT to amend the public authorities law, in  relation  to  expediting
          metropolitan   commuter   transportation   authority  capital  project
          construction by establishing a process for utility  relocation  neces-
          sary for such construction

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Section 1266 of the public authorities law  is  amended  by
     2  adding a new subdivision 12-b to read as follows:
     3    12-b.  For  the purposes of this subdivision, the term "required work"
     4  shall mean any necessary removal, relocation, protection, or replacement
     5  of any pipes, mains, conduits or  other  infrastructure  of  any  public
     6  service  corporation and any fixtures and appliances connected therewith
     7  or attached thereto, either temporarily  or  permanently.  Whenever  the
     8  authority  determines  that  any required work exists in connection with
     9  the improvement, construction, reconstruction, or  rehabilitation  of  a
    10  transportation facility, all of the following provisions shall apply:
    11    (a) The design for such required work shall be prepared by the author-
    12  ity  or  the authority's contractor. Such design shall be subject to the
    13  review and approval of the public service corporation, which  shall  not
    14  be  unreasonably  withheld.  Such review and approval shall be completed
    15  within thirty days, or within such other reasonable period  of  time  as
    16  may  be  determined  by the authority after consultation with the public
    17  service corporation.
    18    (b) In reviewing and approving  designs  for  such  required  work,  a
    19  public  service corporation shall not create the need for another public
    20  service corporation to remove or relocate its pipes, mains, conduits  or
    21  other infrastructure without the agreement of the authority.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06493-01-3
        A. 4035                             2

     1    (c)  In  reviewing  and  approving  designs  for such required work, a
     2  public service corporation shall not require the  authority  to  provide
     3  for  anticipated  future  service  increases or other betterments, other
     4  than to comply with current standards, without  the  authority's  agree-
     5  ment.    Betterments  to  comply  with  current  standards shall only be
     6  required by the public service  corporation  within  the  area  of  such
     7  required work.
     8    (d) The authority shall bear the cost of all work performed by its own
     9  contractors.
    10    (e)  Where  the  public  service  corporation determines that it shall
    11  perform any portion of such required work, such portion of such required
    12  work shall be performed  according  to  a  schedule  determined  by  the
    13  authority  after  consultation  with  the  public  service  corporation,
    14  provided that  such  schedule  is  reasonable  and  that  the  authority
    15  provides at least thirty days' notice.
    16    § 2. This act shall take effect immediately.