Expedites MTA capital project construction by establishing a process for utility relocation necessary for such construction

S T A T E   O F   N E W   Y O R K
        ________________________________________________________________________

                                          11356

                                  I N  A S S E M B L Y

                                      May 13, 2026
                                       ___________

        Introduced  by  COMMITTEE ON RULES -- (at request of M. of A. Powers) --
          read once and referred to the Committee on  Corporations,  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.
    22    (C) IN REVIEWING AND APPROVING  DESIGNS  FOR  SUCH  REQUIRED  WORK,  A
    23  PUBLIC  SERVICE  CORPORATION  SHALL NOT REQUIRE THE AUTHORITY TO PROVIDE
    24  FOR ANTICIPATED FUTURE SERVICE INCREASES  OR  OTHER  BETTERMENTS,  OTHER
    25  THAN  TO  COMPLY  WITH CURRENT STANDARDS, WITHOUT THE AUTHORITY'S AGREE-

         EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00030-01-5
        A. 11356                            2

     1  MENT.   BETTERMENTS TO COMPLY  WITH  CURRENT  STANDARDS  SHALL  ONLY  BE
     2  REQUIRED  BY  THE  PUBLIC  SERVICE  CORPORATION  WITHIN THE AREA OF SUCH
     3  REQUIRED WORK.
     4    (D) THE AUTHORITY SHALL BEAR THE COST OF ALL WORK PERFORMED BY ITS OWN
     5  CONTRACTORS.
     6    (E)  WHERE  THE  PUBLIC  SERVICE  CORPORATION DETERMINES THAT IT SHALL
     7  PERFORM ANY PORTION OF SUCH REQUIRED WORK, SUCH PORTION OF SUCH REQUIRED
     8  WORK SHALL BE PERFORMED  ACCORDING  TO  A  SCHEDULE  DETERMINED  BY  THE
     9  AUTHORITY  AFTER  CONSULTATION  WITH  THE  PUBLIC  SERVICE  CORPORATION,
    10  PROVIDED THAT  SUCH  SCHEDULE  IS  REASONABLE  AND  THAT  THE  AUTHORITY
    11  PROVIDES AT LEAST THIRTY DAYS' NOTICE.
    12    § 2. This act shall take effect immediately.