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.
                                                                   LBD16022-01-8

        S. 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.
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