Establishes the commission on the infrastructure of New York state and provides for its powers and duties

Summary of provisions

Bill § 1 amends the State Finance Law by adding a new Article 17 entitled "Commission on the Infrastructure of New York State":

§ 250 defines terms used in Article 17, including "infrastructure," which means a nonmilitary structure or facility and associated nonstruc- tural elements or equipments, such as a surface transportation facility (road, bridge, highway, tunnel, public transportation facility, or freight or passenger rail, a mass transit facility, an airport, a resource recovery facility, a water supply and distribution system, a wastewater connection, conveyance, or treatment system, a storm water treatment system, waterways, locks, dams, breakwaters, levees, a dock or port, a solid waste disposal facility, a facility essential to the oper- ation of telecommunications equipment, or a facility essential to the supply of energy.

§ 251 creates a Commission on the Infrastructure of New York State, consisting of 5 members appointed by the Governor. In order to ensure the Commission's independence, one appointed member must be recommended by the Speaker of the Assembly, one appointed member must be recommended by the Senate Majority Leader, and one appointed member must be recom- mended by the Comptroller. Eligible appointees must have backgrounds in economics, public administration, civil engineering, public works, construction, or related fields.

The purpose of the Commission is to ensure that the infrastructure of New York State meets current and future demand and facilitates economic growth, is maintained in a manner that ensures public safety, and is developed or modified in a sustainable manner. Commission members may be public employees, may each designate one alternate member, and will receive no salary but may be reimbursed for travel and other necessary expenses.

§ 252 sets forth the powers and duties of the Commission. Among the more significant of these are holding hearings, requiring the production of books, papers and other relevant materials, intervening in infrastruc- ture 'elated proceedings of the Public Service Commission and other agencies, studying and periodically reporting to the public on the age and condition, maintenance needs and financing options for important

infrastructure, and advocating for equitable treatment for New York's infrastructure needs in proceedings before Federal bodies.

Existing law

There is currently no entity charged by statute with providing independent oversight of the status of New York's infrastruc- ture.

Justification

Safety concerns related to infrastructure have been in the forefront of the news. Hurricane Sandy placed a spotlight on infras- tructure weaknesses that exist in New York and New Jersey. In New York, critical infrastructure servicing New York City and Long Island critical infrastructure was either destroyed or severely damaged. While the damage may have occurred even if the infrastructure was properly main- tained, proper maintenance may have mitigated the damage.

Legislation is needed to establish an independent body to monitor the status of important infrastructure in our state, including bridges, tunnels, roads and railways, dams, and energy, water and telecommuni- cations facilities, and ensure that all are maintained in a manner that ensures public safety. The "Commission on the Infrastructure of New York State" will consist of 5 members - 2 appointed by the Governor and 1 each by the Speaker, Senate Majority Leader and Comptroller. It will be empowered to conduct hearings and intervene in agency proceedings related to infrastructure issues, and will issue a public report on the age and condition of infrastructure, maintenance needs and financing options.

This bill is modeled on legislation to create a similar commission at the national level. The "National Infrastructure Improvement Act" (S.775 of 2007, introduced by Senator Carper of Delaware) passed the Senate in 2007 but was not reported from the House Committee on Transportation & Infrastructure. The NYS Infrastructure Commission would make sure New York's interests are considered at the Federal level and provide an ongoing vehicle to ensure that our state receives its fair share of Federal infrastructure aid.

Legislative history

2011 - 2012: S.2869-A - Finance 2009 - 2014: S.2197 - Finance 2008: S.6537 - Finance

Fiscal implications

To be determined

Local fiscal implications

EFFECTIVE DATE: The sixtieth day after becoming a law.