Int. No.
By Council Members Ariola, Won, Feliz and The Speaker (Council Member Menin)
A Local Law in relation to requiring a study and report on delays and costs in capital projects
Be it enacted by the Council as follows:
Section 1. a. Definitions. For purposes of this local law, the following terms have the following meanings:
Agency. The term “agency” has the same meaning as set forth in subdivision 2 of section 1150 of the New York city charter.
Capital project. The term “capital project” means:
1. A project which provides for the construction, reconstruction, or installation of a physical public betterment or improvement which would be classified as a capital asset under generally accepted accounting principles for municipalities or any preliminary studies and surveys relative thereto or any underwriting or other costs incurred in connection with the financing thereof;
2. The acquisition of any furnishings, machinery, apparatus, or equipment for any public betterment or improvement when such betterment or improvement is first constructed or acquired;
3. Any public betterment involving a physical improvement consisting in, including, or affecting:
(a) Streets and parks;
(b) Bridges and tunnels;
(c) Receiving basins, inlets, and sewers, including intercepting sewers, plants, or structures for the treatment, disposal, or filtration of sewage, including grit chambers, sewer tunnels, and all necessary accessories thereof; or
(d) The fencing of vacant lots and the filling of sunken lots;
4. Any other project allowed to be financed by the local finance law, with the approval of the mayor and the comptroller; or
5. Any combination of the above.
b. Study and report on capital project delays and costs. The commissioner of design and construction or another agency head designated by the mayor, in consultation with the head of any other relevant agency, shall study the causes of delays and of high costs compared to other large cities in the completion of capital projects under the jurisdiction of agencies. No later than 1 year after the effective date of this local law, such commissioner or other agency head shall submit to the mayor and the speaker of the council, and shall post conspicuously on the relevant agency’s website, a report detailing the findings of the study conducted pursuant to this subdivision. Such report shall include, but need not be limited to, the following information:
1. The causes of capital project delays;
2. The causes of high capital project costs compared to other large cities;
3. Specific New York state and local laws, policies, and rules contributing to such delays and costs;
4. A review of the alignment of the capital commitment plans required under subdivision d of section 219 of the New York city charter to New York city’s ability to complete capital projects;
5. An evaluation of the contracting procedures for capital projects, both citywide and by contracting agency, on the bases of durational and financial efficiency;
6. Best practices in capital project planning, management, and execution;
7. Recommendations on specific New York state and local legislative, policy, and regulatory changes to reduce capital project delays and costs; and
8. Recommendations on improving local monitoring and data collection practices relating to capital projects, including but not limited to on improving the public online capital projects database maintained under section 5-108 of the administrative code of the city of New York.
§ 2. This local law takes effect immediately.
TS/RL/KS
LS #695/6823/17403
9/30/25