Bill Text: NY S00752 | 2023-2024 | General Assembly | Introduced

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Bill Title: Relates to project labor agreement feasibility studies and apprenticeship agreements; provides the study shall look to see if there will be a negative impact on opportunities for minority, women or service-disabled veteran owned businesses; provides such feasibility studies shall be provided to the public for review and comment.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-01-03 - REFERRED TO LABOR [S00752 Detail]

Download: New_York-2023-S00752-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                           752

                               2023-2024 Regular Sessions

                    IN SENATE

                                     January 6, 2023
                                       ___________

        Introduced by Sen. SEPULVEDA -- read twice and ordered printed, and when
          printed to be committed to the Committee on Labor

        AN  ACT  to  amend the labor law, in relation to project labor agreement
          feasibility studies and apprenticeship agreements

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

     1    Section 1. Subdivision 2 of section 222 of the labor law is amended by
     2  adding a new paragraph (f) to read as follows:
     3    (f)  (i) Where any contract as defined by this section seeks to engage
     4  a project labor agreement as defined in subdivision one of this section,
     5  a feasibility study must be conducted first to  determine  whether  such
     6  project  labor agreement will further its interest in obtaining the best
     7  work at the lowest possible  price,  preventing  favoritism,  fraud  and
     8  corruption. The feasibility study shall take into account the impact the
     9  project  labor  agreement  will  have  on competition and the impact the
    10  project labor agreement will have on opportunities for  minority,  women
    11  and service-disabled veteran owned business enterprises.
    12    (ii)  Such feasibility study shall, in its entirety and unredacted, be
    13  provided to the public for review and comment prior to inclusion in  any
    14  bidding  and  contract  documents.  Where,  taking  those  factors  into
    15  account, the feasibility study concludes there is no  net  advantage  to
    16  the  public or that there will be a negative impact on opportunities for
    17  minority, women or service-disabled veteran owned business  enterprises,
    18  such project labor agreement shall not be authorized.
    19    §  2.  Subdivision  2  of  section 816-b of the labor law, as added by
    20  chapter 571 of the laws of 2001, is amended to read as follows:
    21    2. Notwithstanding any other provision of this article, of section one
    22  hundred three of the general municipal law, of section one hundred thir-
    23  ty-five of the state finance law, of section one  hundred  fifty-one  of
    24  the public housing law, or of any other general, special or local law or
    25  administrative  code,  in  entering  into  any  construction contract, a

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02812-01-3
        S. 752                              2

     1  governmental entity which is to be a direct or indirect  party  to  such
     2  contract may require that any contractors and subcontractors have, prior
     3  to  entering  into  such contract, apprenticeship agreements appropriate
     4  for  the  type  and scope of work to be performed, that have been regis-
     5  tered with, and approved by, the commissioner pursuant to  the  require-
     6  ments  found  in  this article. Whenever utilizing this requirement, the
     7  governmental entity may, in  addition  to  whatever  considerations  are
     8  required  by  law,  consider the degree to which career opportunities in
     9  apprenticeship training programs approved by  the  commissioner  may  be
    10  provided. Prior to requiring any contractors and subcontractors to have,
    11  prior  to entering into any construction contract, apprenticeship agree-
    12  ments as defined in section eight hundred sixteen of this  article,  the
    13  government entity must conduct an analysis of the impact such a require-
    14  ment  would have on competition and on opportunities for minority, women
    15  and service-disabled veteran owned business enterprises. Such unredacted
    16  complete analysis shall be provided to the public for review and comment
    17  prior to implementation.
    18    § 3. This act shall take effect immediately.