Bill Text: NY S06050 | 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: Slight Partisan Bill (Democrat 24-9)

Status: (Engrossed) 2024-06-07 - COMMITTED TO RULES [S06050 Detail]

Download: New_York-2023-S06050-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          6050

                               2023-2024 Regular Sessions

                    IN SENATE

                                     March 27, 2023
                                       ___________

        Introduced  by  Sen.  MAYER  -- read twice and ordered printed, and when
          printed to be committed 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
        S. 6050                             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.