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CityAndStateNY.com
mo’s efforts to get the city to increase its funding for the subways. Some proponents of recreational marijuana legalization, such as New York City public advocate candidate Melissa Mark-Viverito and Council Speaker Corey Johnson, have suggested that tax revenues from the drug could be directed toward the subways, The New York Times reported. “Why would we not try to include as many funding streams as possible without having to raise taxes, which a lot of people quite frankly are afraid of doing,” state Sen.-elect Alessandra Biaggi told the Times. Those fears could doom proposals to help fund the MTA by
December 17, 2018
increasing gasoline, sales or income taxes, or fees on auto registrations. Congestion pricing has a particular appeal to transportation advocates not only because it can raise money for the MTA, but also because it discourages people from driving through the crowded streets of lower and midtown Manhattan, decreasing road congestion and improving safety for pedestrians and cyclists. “It hits a lot of birds with one stone,” said Tom DeVito, director of advocacy at Transportation Alternatives. The nonprofit is one among dozens of groups that are pushing for congestion pricing as part of the Fix the
Subway Coalition. The looming battle over congestion pricing comes after proponents failed to pass the idea during budget negotiations in the early spring. Ultimately, lawmakers could only agree on imposing a surcharge on for-hire vehicles, which some – especially taxi drivers under financial distress – want to postpone until a more “comprehensive plan” for congestion pricing is put in place. Adding to the headwinds against congestion pricing are the concerns of outer-borough and suburban legislators. Queens Assemblyman David Weprin, a leading opponent of the congestion pricing
INFRASTRUCTURE ISSUES DESIGN-BUILD
IN A TYPICAL state project, the design process and construction work are contracted separately. Design-build project procurement, however, saves time and money by doing them together, cutting down on the bureaucratic costs of a project. However, its use in New York City and by a number of state agencies is restricted by the state, and efforts to expand it have moved slowly in the state Legislature. Projects like the new Gov. Mario M. Cuomo Bridge indicate that it can be effective on high-profile projects – and there is no shortage of projects at the city level that could take advantage of a practice that has long been used by certain state bodies – including the state Thruway Authority and the Port Authority of New York and New Jersey. Additionally, this year’s state budget added new authorization for design-build in New York City, specifically for new jails to replace Rikers Island, the Brooklyn-Queens Expressway reconstruction and public housing projects. Assemblyman Michael Benedetto, a Bronx Democrat, said that he will take his time before reintroducing a bill in the upcoming year that would allow more projects to be done with design-build. He said that pause is not due to opposition from other lawmakers but rather identifying which projects to highlight for design-build authorization. “I would want to talk to the city and see what projects they are keen on and once I discuss with them those projects then I may form a new bill and introduce that,” he said.
PREVAILING WAGE
WHILE LAWMAKERS HAVE focused their attention elsewhere, representatives of the construction industry have continued to highlight their opposition to prevailing wage requirements. These rules mean that contractors have to pay workers a minimum pay rate while working on publicly funded construction projects. Some have blamed such requirements for making construction in New York so expensive. A 2017 report from the Empire Center for Public Policy stated that the prevailing wage requirement increased costs on public construction projects by as much as 25 percent. But with Democrats in control of both houses of the state Legislature, it is unclear whether there is any appetite in Albany to confront the issue, especially considering how unions have traditionally been a core Democratic constituency.
PUBLIC-PRIVATE PARTNERSHIPS
SOME ADVOCATES SAY that New York should go a step further and adopt full-fledged public-private partnerships – which can go beyond the relatively limited design-build process by continuing the involvement of a private entity after construction – since their use is only authorized for certain agencies. Proponents say that such partnerships – also known as P3s – allow for greater innovation in public works and can also improve quality. It remains to be seen how strongly Cuomo will push for an increase in public-private partnerships in next year’s budget negotiations, but progress on the issue would be a welcome development, according to Jamison Dague, director of infrastructure studies at the Citizens Budget Commission. “I would hope during the next legislative session that you see an acknowledgement that it’s time to untie the hands behind the back of these folks managing large capital investments,” he said.
THE SCAFFOLD LAW
THE CONSTRUCTION INDUSTRY has also sought to keep alive efforts to reform the state Scaffold Law, which makes construction companies liable for work site injuries. Opponents say that the law is no longer needed because there is a greater social safety net now compared to when the law was first enacted. Assemblyman John McDonald III said that he will continue to advocate for a bill that would enact “proportionate liability,” which would make workers in some circumstances also responsible for construction accidents if they are deemed negligent. It will likely be an uphill battle to pass such a bill, especially since no state Senate sponsor has come forward yet, but McDonald said it does not have to be an issue that pits businesses on one side and labor on the other – though he said it can be difficult to persuade the public on the issue, even though it could ultimately reduce construction costs. “The problem is for the average person,” he said. “They can’t see how they’re going to feel it in their wallet. This is arguably the No. 3 top cost driver for doing business in New York state, and at the end of the day, as much as people like to blame building owners, it’s the consumer – it’s the residents – that ultimately pay the bill.”