Bill Text: NY S08843 | 2017-2018 | General Assembly | Introduced
Bill Title: Requires certain contractor, subcontractor and worker certifications for certain contracts which involve industrial painting or industrial coating work.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2018-05-24 - REFERRED TO FINANCE [S08843 Detail]
Download: New_York-2017-S08843-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 8843 IN SENATE May 24, 2018 ___________ Introduced by Sen. KENNEDY -- read twice and ordered printed, and when printed to be committed to the Committee on Finance AN ACT to amend the state finance law, the highway law and the public authorities law, in relation to certain contracts involving industrial painting and industrial coatings The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The state finance law is amended by adding a new section 2 136-d to read as follows: 3 § 136-d. Contracts involving industrial painting and industrial coat- 4 ings. 1. Any contract receiving state financial assistance that includes 5 industrial painting or industrial coating shall include provisions 6 regarding contractor, subcontractor and worker certification as follows: 7 a. Contractors and subcontractors doing work involving industrial 8 painting and industrial coatings shall be certified by the society for 9 protective coatings' painting contractor certification program to a QP-1 10 certification entitled "Standard Procedure for Evaluating Qualifications 11 of Painting Contractors: Field Application to Complex Structures," or an 12 equivalent certification, including but not limited to a certification 13 provided by the NACE international institute contractor accreditation 14 program. 15 b. Contractors and subcontractors doing work involving industrial 16 painting and industrial coatings that requires the disturbance of lead 17 based paint or other hazardous materials shall be certified to society 18 for protective coatings' QP-2 certification "Standard Procedure for 19 Evaluating the Qualifications of Painting Contractors to Remove Hazard- 20 ous Paint," or an equivalent certification, including but not limited to 21 a certification provided by the NACE international institute contractor 22 accreditation program. 23 c. Contractors and subcontractors shall be required to have at least 24 two coatings application specialist level II SSPC ACS-1/NACE 13 certi- 25 fied craft workers. One such certified craft worker shall be required to 26 be present for all crews up to four crew members. For each crew larger 27 than four members, an additional coatings application specialist level EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD16022-01-8S. 8843 2 1 II SSPC ACS-1/NACE 13 certified craft worker shall be present on each 2 painting or blasting crew during blast cleaning and spray application 3 operations. 4 2. For the purposes of this section, a crew member is a person who is 5 on the job performing handheld nozzle blast cleaning or spray applica- 6 tion of protective coatings on a steel structure. 7 3. Any certifications required by this section shall be kept current 8 for the duration of the contract. 9 4. Any violation of this section shall be grounds for cancellation of 10 the contract. 11 § 2. Section 38 of the highway law is amended by adding a new subdivi- 12 sion 2-b to read as follows: 13 2-b. Contracts; industrial painting and industrial coatings. In 14 regards to contracts for construction or improvement of highways that 15 utilize industrial painting or industrial coatings, the commissioner 16 shall certify that such project complies with the requirements of 17 section one hundred thirty-six-d of the state finance law. 18 § 3. Subdivision 3 of section 1285-s of the public authorities law, as 19 added by section 7 of part T of chapter 57 of the laws of 2017, is 20 amended to read as follows: 21 3. Intermunicipal water quality infrastructure projects financed with 22 state financial assistance made available pursuant to this section shall 23 be subject to the requirements of article eight of the labor law, the 24 requirements of article seventeen-B of the executive law, the require- 25 ments of section one hundred thirty-six-d of the state finance law and 26 the requirements and provisions of all applicable minority- and women- 27 owned business mandates including, but not limited to article fifteen-A 28 of the executive law. 29 § 4. This act shall take effect immediately.