2023 New York Laws › STF - State Finance › Article 3 - The Budget › 26 - Maintaining Capital Assets.

§  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.