Bill Text: NY A05486 | 2023-2024 | General Assembly | Introduced
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
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. LBD06964-03-3A. 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.
