N.Y.
State Finance Law Section 26
Maintaining capital assets
1.
Every contract made by or on behalf of the state or any agency or official thereof for new capital projects or programs which cost more than two million dollars, and which involve plumbing, electrical, heating and ventilating or other mechanical or electrical systems, shall require that a comprehensive manual be supplied by the contractor explaining the design concept and covering the proper operation and maintenance of the entire system. Such manual shall be designed, using explanatory diagrams as needed, to cover both day-to-day operations and emergencies so as to insure proper care and maximum useful life of the project. This contract provision may, in the discretion of the contracting state agency or official, be waived whenever the necessary operation and maintenance information is available from other sources, is not necessary due to the nature of the asset, is already available for a similar project, or is provided free by a supplier and covers the maintenance needs of the entire system.2.
The head of each state agency, in cooperation with any related entity responsible for construction oversight or financing of agency projects, shall develop an annual five-year scheduled maintenance plan, by asset or asset group, for the capital assets under the jurisdiction of the agency. Such scheduled maintenance plan, where applicable, shall be designed to meet or exceed engineering or architectural standards for such assets. Such scheduled maintenance plan shall include:(a)
a description of the age and current condition of such capital assets, by asset or asset group;(b)
the establishment of goals for the condition of such capital assets, by asset or asset group, for each of the next five fiscal years; and(c)
a description of the maintenance activities and projected levels of funding necessary for the next five fiscal years to achieve the goals for the condition of such capital assets, by asset or asset group. Such scheduled maintenance plan may be developed in coordination with and as part of a capital plan prepared pursuant to other provisions of law.3.
The head of each state agency shall cause to be performed once every five years an independent evaluation of the agency’s scheduled maintenance plan. Such evaluation shall be conducted by individuals expert in the field of maintenance and maintenance planning, and shall be submitted to the governor and to the chairs of the senate finance committee and the assembly ways and means committee. Such evaluation shall include, but not be limited to:(a)
an assessment of the adequacy of the scheduled maintenance of the capital assets under the jurisdiction of the agency;(b)
recommendations for any improvements or technological advances in the way in which the agency should maintain the capital assets under its jurisdiction; and(c)
an assessment as to whether the level or allocation of funding for scheduled maintenance is sufficient.4.
No scheduled maintenance plan or evaluation of such plan required by this section shall be admissible in any action or proceeding in which the state or any of its departments, agencies or authorities, or any municipal corporation or other political subdivision, or any officer or employee thereof, is a party, to prove the existence of a particular defect or dangerous condition in any capital asset or portion thereof; nor shall the state or any of its departments, agencies or authorities, or any municipal corporation or any other political subdivision, or any officer or employee thereof, be held liable for damages as a result of a failure to comply with any scheduled maintenance plan required by this section or to take any action as a result of an evaluation of such plan.
Source:
Section 26 — Maintaining capital assets, https://www.nysenate.gov/legislation/laws/STF/26 (updated Sep. 22, 2014; accessed Apr. 13, 2024).
