N.Y. STF Law § 26 — New York Code / Act STF / Article 3 / Section 26
Maintaining capital assets
Status: in_force

§ 26. Maintaining capital assets. 1. Every contract made by or on\nbehalf of the state or any agency or official thereof for new capital\nprojects or programs which cost more than two million dollars, and which\ninvolve plumbing, electrical, heating and ventilating or other\nmechanical or electrical systems, shall require that a comprehensive\nmanual be supplied by the contractor explaining the design concept and\ncovering the proper operation and maintenance of the entire system. Such\nmanual shall be designed, using explanatory diagrams as needed, to cover\nboth day-to-day operations and emergencies so as to insure proper care\nand maximum useful life of the project. This contract provision may, in\nthe discretion of the contracting state agency or official, be waived\nwhenever the necessary operation and maintenance information is\navailable from other sources, is not necessary due to the nature of the\nasset, is already available for a similar project, or is provided free\nby a supplier and covers the maintenance needs of the entire system.\n  2. The head of each state agency, in cooperation with any related\nentity responsible for construction oversight or financing of agency\nprojects, shall develop an annual five-year scheduled maintenance plan,\nby asset or asset group, for the capital assets under the jurisdiction\nof the agency.  Such scheduled maintenance plan, where applicable, shall\nbe designed to meet or exceed engineering or architectural standards for\nsuch assets. Such scheduled maintenance plan shall include:\n  (a) a description of the age and current condition of such capital\nassets, by asset or asset group;\n  (b) the establishment of goals for the condition of such capital\nassets, by asset or asset group, for each of the next five fiscal years;\nand\n  (c) a description of the maintenance activities and projected levels\nof funding necessary for the next five fiscal years to achieve the goals\nfor the condition of such capital assets, by asset or asset group.\n  Such scheduled maintenance plan may be developed in coordination with\nand as part of a capital plan prepared pursuant to other provisions of\nlaw.\n  3. The head of each state agency shall cause to be performed once\nevery five years an independent evaluation of the agency's scheduled\nmaintenance plan. Such evaluation shall be conducted by individuals\nexpert in the field of maintenance and maintenance planning, and shall\nbe submitted to the governor and to the chairs of the senate finance\ncommittee and the assembly ways and means committee. Such evaluation\nshall include, but not be limited to:\n  (a) an assessment of the adequacy of the scheduled maintenance of the\ncapital assets under the jurisdiction of the agency;\n  (b) recommendations for any improvements or technological advances in\nthe way in which the agency should maintain the capital assets under its\njurisdiction; and\n  (c) an assessment as to whether the level or allocation of funding for\nscheduled maintenance is sufficient.\n  4. No scheduled maintenance plan or evaluation of such plan required\nby this section shall be admissible in any action or proceeding in which\nthe state or any of its departments, agencies or authorities, or any\nmunicipal corporation or other political subdivision, or any officer or\nemployee thereof, is a party, to prove the existence of a particular\ndefect or dangerous condition in any capital asset or portion thereof;\nnor shall the state or any of its departments, agencies or authorities,\nor any municipal corporation or any other political subdivision, or any\nofficer or employee thereof, be held liable for damages as a result of a\nfailure to comply with any scheduled maintenance plan required by this\nsection or to take any action as a result of an evaluation of such plan.\n