SUMMARY OF P3 LEGISLATIVE STATUS:
P3s are accessible through the Port Authority of New York and New Jersey.
Does this state have broadly enabling P3 legislation?
NY is not generally considered P3-enabled for infrastructure. There is a specific provision for the State of New York, through Empire State Development, to facilitate P3 projects on a case-by-case basis. There are projects for which P3 has been appropriate. These have been, thus far, procured through the Port Authority of New York and New Jersey.
Does the state allow for unsolicited proposals?
There are allowances for the state’s agencies to receive and review unsolicited proposals.
What is the P3 contract approval authority?
Agency of jurisdiction. Port Authority of New York and New Jersey solicitations are subject to review and approval by both governors of New York and New Jersey.
What is the state's P3 procurement process?
Requires a multi-step review and approval of sealed competitive bids.
Does the state have resources dedicated to P3s?
Design+Build in NY: Dept. of Transportation, Thruway Authority, Office of Parks, Recreation and Historic Preservation, Dept. of Environmental Conservation, and Bridge Authority have design-build authority through December 2021. These projects must be more than $10 million. Authorized on State University Construction Fund projects. Urban Development, Dormitory, Convention Center, NY State Olympic Regional Dev. Authorities and Office of General Services have project specific D+B authority.
Is this a Home Rule state, with limitations or opportunities for P3?
New York employs Dillon's Rule to all municipalities; which allows the legislature to control local government structure (counties and municipalities), methods of financing its activities, its procedures and the authority to undertake certain functions.
Does this state have programmatic requirements for MWDBE participation?
Governor Cuomo has stated that the State’s goal for MWDBE participation in state contracting for public infrastructure is 30% - the Nation’s highest aspirational target.
Does this state have programmatic requirements for labor participation?
Davis-Bacon stipulates prevailing wage requirements. It should be noted that Wick’s Law and the general market conditions for New York are union friendly.
Does this state have programmatic requirements for performance security?
Sources of funds mandate compliance with provisions related to payment and performance security guarantees (i.e., Miller Act).
For what types of financing programs are P3 projects eligible?
NYSDoT and other agencies can draw and have drawn upon Federal financing measures to positively affect the bankability of deals for public infrastructure. They are eligible for such funding and financing programs available from the Federal government, including TIFIA, RRIF, PABs and WIFIA.
What project types or asset classes are eligible for P3s in this state?
While not specifically enabled to conduct P3 procurements, Empire State Development maintains a broad range of assets for which it can exercise its authority. These include state facilities (state property), some transportation assets, and environmental facilities.
Are there projects where the P3 procurement method has been applied?
LaGuardia Airport’s Terminal “B” Modernization; Goethals Bridge replacement have both been procured through P3 methods. The Tappan Zee Bridge replacement was contracted as a Design+Build, and sets the stage for more alternative project delivery procurements.