Elmont Online

ALBANY -- Tropical Storm Irene has washed away New York's famed and often debated Wicks law, or at least part of it, in a temporary action.

Gov. Andrew Cuomo last month quietly issued an executive order suspending regulations that mandate the hiring of separate design and construction firms for road and bridge projects.

Thanks to the flooding and subsequent state of emergency declared by the governor, prohibitions on having the same firm design and build transportation projects is on hold, according to the order, which appeared in the State Register, a periodic update of new rules and regulations.

Cuomo administration officials didn't respond by press time to discuss details of the order.

But a leading upstate business group had earlier urged Cuomo to lift the design/build ban due to the flood damage and the need to get some damaged roads back on line.

Brian Sampson, executive director of Unshackle Upstate, last month wrote to Cuomo's State Operations Director Howard Glaser, urging him to allow the "design-build" approach in disaster zones.

Under design-build, designers and builders can work under the same contract, which can speed and streamline the process.

The effort, however, also runs counter to the Wicks law, which supporters say aims to help smaller contractors compete for the construction work.

"The reason it's being done here is because you can move much more quickly to get something designed and built," said Mike Elmendorf, president and CEO of Associated General Contractors, a trade group representing road builders.

Some roads, such as Route 42 through the Catskills, are important thoroughfares and need to be rebuilt quickly.

Elmendorf added some flood recovery jobs need to be done rapidly since there is a 180-day window for federal reimbursement for the projects.