Bill Text: NY S03561 | 2019-2020 | General Assembly | Amended


Bill Title: Requires certain contractor, subcontractor and worker certifications for certain contracts which involve industrial painting or industrial coating work.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Engrossed - Dead) 2020-02-26 - referred to governmental operations [S03561 Detail]

Download: New_York-2019-S03561-Amended.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                         3561--A

                               2019-2020 Regular Sessions

                    IN SENATE

                                    February 8, 2019
                                       ___________

        Introduced  by  Sen. KENNEDY -- read twice and ordered printed, and when
          printed to be committed to  the  Committee  on  Finance  --  committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee

        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 and/or accreditation, including but not limited
    13  to  an  accreditation  provided  by  the  NACE  International  Institute
    14  Contractor  Accreditation Program (NIICAP) AS-1 "Field and/or Shop Coat-
    15  ing Accreditation".
    16    b. Contractors and  subcontractors  doing  work  involving  industrial
    17  painting  and  industrial coatings that requires the disturbance of lead
    18  based paint or other hazardous materials shall be certified  to  society
    19  for  protective  coatings'  QP-2  certification  "Standard Procedure for
    20  Evaluating the Qualifications of Painting Contractors to Remove  Hazard-
    21  ous Paint," or an equivalent certification, including but not limited to
    22  an accreditation provided by the NACE International Institute Contractor

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00400-02-9

        S. 3561--A                          2

     1  Accreditation Program (NIICAP) AS-2 "Hazardous Waste Removal and Remedi-
     2  ation Accreditation".
     3    c.  Contractors  and subcontractors shall be required to have at least
     4  two coatings application specialist level II or Certified Coating Appli-
     5  cator Specialist, SSPC ACS-1/NACE 13 certified craft workers.  One  such
     6  certified  craft worker shall be required to be present for all crews up
     7  to four crew members. For each crew larger than four members,  an  addi-
     8  tional  coatings  application  specialist level II or Certified Counting
     9  Applicator Specialist SSPC ACS-1/NACE 13 certified craft worker shall be
    10  present on each painting or blasting  crew  during  blast  cleaning  and
    11  spray application operations.
    12    2.  For the purposes of this section, a crew member is a person who is
    13  on the job performing handheld nozzle blast cleaning or  spray  applica-
    14  tion of protective coatings on a steel structure.
    15    3.  Any  certifications required by this section shall be kept current
    16  for the duration of the contract.
    17    4. Any violation of this section shall be grounds for cancellation  of
    18  the contract.
    19    § 2. Section 38 of the highway law is amended by adding a new subdivi-
    20  sion 2-b to read as follows:
    21    2-b.  Contracts;  industrial  painting  and  industrial  coatings.  In
    22  regards to contracts for construction or improvement  of  highways  that
    23  utilize  industrial  painting  or  industrial coatings, the commissioner
    24  shall certify that  such  project  complies  with  the  requirements  of
    25  section one hundred thirty-six-d of the state finance law.
    26    § 3. Subdivision 3 of section 1285-s of the public authorities law, as
    27  added  by  section  7  of  part  T of chapter 57 of the laws of 2017, is
    28  amended to read as follows:
    29    3. Intermunicipal water quality infrastructure projects financed  with
    30  state financial assistance made available pursuant to this section shall
    31  be  subject  to  the requirements of article eight of the labor law, the
    32  requirements of article seventeen-B of the executive law,  the  require-
    33  ments  of  section one hundred thirty-six-d of the state finance law and
    34  the requirements and provisions of all applicable minority-  and  women-
    35  owned  business mandates including, but not limited to article fifteen-A
    36  of the executive law.
    37    § 4. This act shall take effect immediately.
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