Bill Text: NY S07244 | 2021-2022 | General Assembly | Introduced

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Bill Title: 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.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2022-01-05 - REFERRED TO PROCUREMENT AND CONTRACTS [S07244 Detail]

Download: New_York-2021-S07244-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          7244

                               2021-2022 Regular Sessions

                    IN SENATE

                                      June 8, 2021
                                       ___________

        Introduced  by  Sen. KENNEDY -- read twice and ordered printed, and when
          printed to be committed to the Committee on Rules

        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.
                                                                   LBD10623-03-1
        S. 7244                             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.