Bill Text: NY A00373 | 2023-2024 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Ensures that construction and fabrication done off of a public work site for specific use only in a public work project be compensated at the prevailing wage rate.

Spectrum: Moderate Partisan Bill (Democrat 33-10)

Status: (Introduced) 2024-05-30 - ordered to third reading rules cal.226 [A00373 Detail]

Download: New_York-2023-A00373-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                           373

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                     January 6, 2023
                                       ___________

        Introduced  by M. of A. BRONSON -- read once and referred to the Commit-
          tee on Labor

        AN ACT to amend the labor law, in relation to inclusion of certain  off-
          site  custom fabrication as public work for the purposes of payment of
          prevailing wage

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

     1    Section  1. Legislative findings and intent. The legislature finds and
     2  declares that the prevailing wage law was established  to  provide  fair
     3  and  equitable  working conditions, wages and supplementary benefits for
     4  persons employed on public works construction projects.
     5    The legislature further finds and  declares  that  there  are  growing
     6  number  of  instances where materials are fabricated off the public work
     7  job site either to meet the unique specifications of the project subject
     8  to a public work contract or for the contractor's convenience.
     9    The legislature further finds and declares that in many instances  the
    10  prevailing  wage is not paid to persons involved in off-site fabrication
    11  of materials which are used specifically for public works projects.
    12    It is the intent of the legislature that construction and  fabrication
    13  done  off  the  public  work  site  for specific use only in public work
    14  projects be compensated at the prevailing wage rate.
    15    § 2. Subdivision 3 of section 220 of  the  labor  law  is  amended  by
    16  adding a new paragraph (f) to read as follows:
    17    (f) For the purposes of this subdivision contractors or subcontractors
    18  engaged  in custom fabrication shall not be regarded as material suppli-
    19  ers. For the purposes of this subdivision, a legal day's work for  which
    20  the  prevailing  rate  of  wages  shall be paid to laborers, workers and
    21  mechanics shall include custom fabrication whether  or  not  the  custom
    22  fabrication  is done on the public work site. It shall be a condition of
    23  the contract concerning such off-site custom fabrication work  that  the
    24  contractor  or  employer awarded the public work contract shall covenant

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01720-01-3
        A. 373                              2

     1  to pay the on-site prevailing wage of the public  work  project.    Each
     2  contractor  who  employs workers off-site on a public work project shall
     3  maintain certified payrolls and provide  such  payrolls,  with  original
     4  certifications,  to  the  contracting  agency at least once every thirty
     5  days.  For the purposes of this  subdivision  the  term  "custom  fabri-
     6  cation" shall include, but not be limited to, the fabrication of exteri-
     7  or  or  interior wall panel systems, the fabrication of woodwork, cases,
     8  cabinets or counters and the fabrication of electrical, plumbing,  heat-
     9  ing,  cooling, ventilation or exhaust duct systems, and mechanical insu-
    10  lation solely and specifically designed and engineered for  installation
    11  in  the  construction,  repair  or renovation of a building which is the
    12  subject of a contract to which the state,  a  municipal  corporation,  a
    13  public  benefit corporation or a commission appointed pursuant to law is
    14  a party.
    15    § 3. This act shall take effect on the sixtieth  day  after  it  shall
    16  have become a law and shall apply only to those contracts put out to bid
    17  on or after such effective date.