Bill Text: NY A05486 | 2023-2024 | General Assembly | Introduced

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Bill Title: Relates to requiring the use of project labor agreements for large scale construction projects under the state university construction fund; provides an exception to such requirement may be granted; provides that the fund may require every contractor become party to a project labor agreement.

Spectrum: Moderate Partisan Bill (Democrat 48-11)

Status: (Introduced) 2024-01-10 - enacting clause stricken [A05486 Detail]

Download: New_York-2023-A05486-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          5486

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                     March 13, 2023
                                       ___________

        Introduced by M. of A. JOYNER -- read once and referred to the Committee
          on Higher Education

        AN  ACT  to amend the education law, in relation to requiring the use of
          project labor agreements for large scale construction  projects  under
          the state university construction fund

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Section 370 of the education law is amended by adding a new
     2  subdivision 6-a to read as follows:
     3    6-a. "Large-scale construction  project"  shall  mean  a  construction
     4  project  performed under the approved master plan of the state universi-
     5  ty; with respect to  university-related  economic  development  projects
     6  authorized  by  law  pursuant  to section three hundred seventy-two-a of
     7  this article involving the  construction,  acquisition,  reconstruction,
     8  rehabilitation  or  improvement  of  academic buildings, dormitories and
     9  other facilities for which the total estimated cost of the  construction
    10  contract or contracts to the fund is three million dollars or more.
    11    §  2.  Section  376  of  the  education law is amended by adding a new
    12  subdivision 11 to read as follows:
    13    11.  (a)  Each  contract  involving  the  awarding  of  a  large-scale
    14  construction project shall require the use of a project labor agreement,
    15  as  defined  in subdivision one of section two hundred twenty-two of the
    16  labor law, for  all  contractors  and  subcontractors  on  the  project,
    17  consistent  with paragraph (a) of subdivision two of section two hundred
    18  twenty-two of the labor law.
    19    (b) (i) The fund may grant an exception from the requirements of  this
    20  subdivision by providing a specific written explanation of why a project
    21  labor  agreement  would not be consistent with paragraph (a) of subdivi-
    22  sion two of section two hundred twenty-two of the labor  law,  or  state
    23  competitive bidding laws, and why requiring a project labor agreement on

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06964-03-3
        A. 5486                             2

     1  the  project  would  otherwise  be inconsistent with statutes, rules, or
     2  regulations applicable to the fund.
     3    (ii)  Any  exception  to  the application of this subdivision shall be
     4  granted for a particular project contract by the solicitation date.
     5    (c) An agency may require the use of  a  project  labor  agreement  on
     6  construction projects where the total cost to the fund is less than that
     7  for a large-scale construction project, if consistent with paragraph (a)
     8  of subdivision two of section two hundred twenty-two of the labor law.
     9    (d)  The  fund,  if appropriate, may require that every contractor and
    10  subcontractor engaged in construction on the  project  agree,  for  that
    11  project,  to negotiate or become a party to a project labor agreement as
    12  defined in subdivision one of section  two  hundred  twenty-two  of  the
    13  labor  law, where the fund decides a project labor agreement is consist-
    14  ent with paragraph (a) of subdivision two of section two  hundred  twen-
    15  ty-two of the labor law and state competitive bidding laws.
    16    §  3.  This  act shall take effect on the ninetieth day after it shall
    17  have become a law  and  shall  apply  to  all  contracts  entered  into,
    18  renewed, modified or amended on or after such date.