BILL NUMBER: S2255
SPONSOR: COMRIE
 
TITLE OF BILL:
An act to amend the public authorities law, in relation to requiring the
metropolitan transportation authority and the New York city transit
authority to implement certain standards pertaining to applying and
removing coatings from bridges, trestles, elevated subway and railway
tracks and stations
 
PURPOSE:
Relates to requiring the metropolitan transportation authority and the
New York City Transit Authority to implement certain standards pertain-
ing to applying and removing coatings from bridges, trestles, elevated
subway and railway tracks and stations.
 
SUMMARY OF SPECIFIC PROVISIONS:
Section 1: amends the public authorities law by adding a new subdivision
19 to section 1266, which directs the Metropolitan Transportation
Authority to promulgate regulations requiring that all application and
maintenance of paint and coatings on bridges, trestles, elevated subway
tracks, elevated subway stations, elevated railway tracks and elevated
railway stations by non-employees have a quality management program and
meet applicable industry standards of the Society for Protective Coat-
ings Painting Contractor Certification Program to standards QP-1, QP-2,
QP-3 or National Association of Corrosion Engineers NIICAP AS1 and AS2.
Further, the removal, surface preparation and application of all paint
and coatings shall be performed in accordance with the NACE13/ACS1 Stan-
dard.
Section 2: amends the public authorities law by adding a new subdivision
16 to section 1209 containing the same requirements for the New York
City Transit Authority as those being added to subdivision 19 of section
1266 of the public authorities law, applicable to the Metropolitan
Transportation Authority.
Section 3: sets forth an immediate effective date applicable to all
projects on a prospective basis.
 
JUSTIFICATION:
The Metropolitan Transportation Authority and the New York City Transit
Authority have yet to implement internationally recognized standards
developed by the Society for Protective Coatings and the National Asso-
ciation for Corrosion Engineers, pertaining to elevated transportation
infrastructure, particularly rail and subway tracks on bridges and tres-
tles. Without these standards in place, the safe removal and application
of paint is an occupational and environmental hazard to employees,
contractors and the general public. Particularly at risk are pedestri-
ans, riders, motorists, and those in 'open air' settings such as parks
and street markets.
This legislation will incorporate by reference the following standards:
(1) SSPC QP1: Field Application to Complex Industrial and Marine Struc-
tures, (2) SSPC QP-2: Field Removal of Hazardous Coatings, (3) SSPC
QP-3: Shop Painting Certification Program, (4) NACE AS-1: Program for
Accreditation of Field and Shop Coatings Contractor, (5) NACE AS-2:
Program for Accreditation of a Coating Contractor's HazardOus Waste
Removal and Management Program and (6) NACE 13/SSPC-ACS-1: Industrial
Coating and Lining Application Specialist Qualification and Certif-
ication.
These standards will require the MTA and NYCTA to implement quality
controls for durable coatings applied to elevated transit infrastruc-
ture, which, over time, will lessen the frequency of recoating oper-
ations and thus produce a net cost savings. The standards will also
safeguard workers and the public from hazards resulting from the unsafe
removal of old layers of lead-contaminated paint. Finally, it will
ensure that the MTA and NYCTA are procuring certified contractors for
this critical ongoing task.
 
PRIOR LEGISLATIVE HISTORY:
2024: S1382 Comrie/ A6394 Mamdani
2022: S3429 New in
2017-18: S.7779-A/A.10214-A.
 
FISCAL IMPLICATIONS:
To be determined.
 
EFFECTIVE DATE:
This act shall take effect immediately.

Statutes affected:
S2255: 1266 public authorities law, 1209 public authorities law