New York 2025-2026 Regular Session

New York Assembly Bill A11356

Caption

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

Summary

This bill amends the Public Authorities Law to create a formal process for handling utility relocation work needed for Metropolitan Transportation Authority capital projects. It defines “required work” broadly to include the removal, relocation, protection, or replacement of pipes, mains, conduits, and related infrastructure owned by public service corporations when such work is necessary for the improvement, construction, reconstruction, or rehabilitation of a transportation facility. Under the bill, the MTA or its contractor would prepare the design for the utility work, but the affected public service corporation would have review and approval rights that cannot be unreasonably withheld and must generally be completed within 30 days or another reasonable period set by the authority after consultation. The bill also limits utility companies from using the review process to force unrelated relocations by other utilities, or to require betterments for anticipated future service increases unless the MTA agrees. The MTA would pay for work done by its own contractors, and if a utility performs part of the work, the schedule would be set by the authority after consultation, with at least 30 days’ notice and a reasonableness requirement.

Impact

The bill would change how utility relocation is managed for MTA capital projects by giving the authority more control over design, scheduling, and scope, while preserving utility company review rights. It would likely streamline project delivery by reducing delays caused by utility coordination, limit cost escalation from broader utility upgrade demands, and clarify that utility betterments beyond current standards generally cannot be imposed without the authority’s consent. The measure would affect the Public Authorities Law and the practices of the MTA, public service corporations, and contractors involved in transportation infrastructure projects.

Sentiment

The available record suggests generally supportive or at least facilitative sentiment, as the bill was introduced by request and framed as an efficiency measure to expedite capital construction. There are no recorded committee transcripts or votes showing opposition or debate in the provided materials. The bill’s structure indicates a policy preference for faster project delivery and tighter control over utility-related delays, which is typically associated with support from transportation planners and project managers.

Contention

The main potential points of contention are the bill’s allocation of control and costs between the MTA and public service corporations. Utility companies may object to the requirement that their design approval not be unreasonably withheld, the 30-day review timeline, and the restriction on requiring future service betterments or additional relocations without the authority’s agreement. On the other hand, the MTA and project advocates would likely favor these provisions because they reduce delay risk and limit the ability of utilities to expand the scope or cost of relocation work.

Companion Bills

No companion bills found.

Previously Filed As

NY A00801

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

NY S04201

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

NY S2105

Utility relocation costs related to highway construction to be partially or fully paid for by the state.

NY S0248

Utility relocation costs related to highway construction to be partially or fully paid for by the state.

NY H5317

Utility relocation costs related to highway construction to be partially or fully paid for by the state.

NY H7244

Utility relocation costs related to highway construction to be partially or fully paid for by the state.

NY SB2092

Relating to establishing a highway construction mitigation program for certain highway construction projects.

NY HB606

Public highways; relocation of certain utility facilities associated with the construction of public highways, provided

NY HB1559

Construction manager as constructor.

NY S08731

Provides for civil procedure under which a claimant may seek actual damages from a construction professional due to construction defects in a condominium.

Similar Bills

No similar bills found.