Bill Text: NY S04994 | 2023-2024 | General Assembly | Introduced

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

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-01-03 - REFERRED TO TRANSPORTATION [S04994 Detail]

Download: New_York-2023-S04994-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          4994

                               2023-2024 Regular Sessions

                    IN SENATE

                                    February 21, 2023
                                       ___________

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

        AN ACT to amend the public authorities law, in relation to  metropolitan
          transportation  authority  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  public  authorities  law  is amended by adding a new
     2  section 1265-c to read as follows:
     3    § 1265-c. Contracts involving industrial painting and industrial coat-
     4  ings. 1. Any authority contract for the application of industrial paint-
     5  ing or industrial coating shall include provisions regarding contractor,
     6  subcontractor and worker certification as follows:
     7    a. Contractors and  subcontractors  doing  work  involving  industrial
     8  painting  and  industrial  coating shall certify that all work completed
     9  meets the minimum standards established under this section by the  comp-
    10  troller regarding industrial painting and industrial coating.
    11    b.  Contractors  and  subcontractors  doing  work involving industrial
    12  painting and industrial coating that require the  disturbance  of  lead-
    13  based  paint  or  other  hazardous materials shall certify that all work
    14  conducted on the project meets the minimum standards  established  under
    15  this section by the comptroller.
    16    2.  Any  certifications required by this section shall be kept current
    17  for the duration of the contract.
    18    3. The  comptroller,  in  coordination  with  the  office  of  general
    19  services,  shall  establish  guidelines  concerning  the  procurement of
    20  industrial paints and industrial coatings as well as the  qualifications
    21  required  for  the application of industrial paints and industrial coat-
    22  ings by contractors and subcontractors pursuant to section  twenty-eight
    23  hundred  seventy-nine-a of this chapter. Such guidelines shall implement
    24  a certification process  with  minimum  standards  for  contractors  and

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06784-01-3
        S. 4994                             2

     1  subcontractors  to file with the authority upon completion of a project.
     2  When establishing guidelines related to industrial paints and industrial
     3  coatings, the comptroller shall consider industry standards set forth by
     4  the Association for Materials Protection and Performance (AMPP) or other
     5  similar associations that set industry standards for protective coatings
     6  and  shall  consult  with  affected  contractors  and  subcontractors to
     7  consider environmental impact as well as the impact on public health and
     8  safety. The comptroller shall  establish  contractor  and  subcontractor
     9  requirements for employees working on industrial painting and industrial
    10  coating  projects  including,  but  not  limited  to, requiring specific
    11  trainings or certifications for individual employees.
    12    § 2. This act shall take effect on the one hundred eightieth day after
    13  it shall have become a law and shall apply to any metropolitan transpor-
    14  tation authority contracting opportunities advertised on or  after  such
    15  date  and  shall  exclude  contracts  for  which  an invitation for bid,
    16  request for proposal, or similar solicitation has been issued  prior  to
    17  the effective date of this act.