Bill Text: NY S08963 | 2021-2022 | General Assembly | Introduced
Bill Title: Ensures that construction and fabrication done off of a public work site for specific use only in a public work project be compensated at the prevailing wage rate.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2022-05-10 - REPORTED AND COMMITTED TO FINANCE [S08963 Detail]
Download: New_York-2021-S08963-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 8963 IN SENATE May 2, 2022 ___________ Introduced by Sen. JACKSON -- 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 inclusion of certain off- site custom fabrication as public work for the purposes of payment of prevailing wage The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Legislative findings and intent. The legislature finds and 2 declares that the prevailing wage law was established to provide fair 3 and equitable working conditions, wages and supplementary benefits for 4 persons employed on public works construction projects. 5 The legislature further finds and declares that there are growing 6 number of instances where materials are fabricated off the public work 7 job site either to meet the unique specifications of the project subject 8 to a public work contract or for the contractor's convenience. 9 The legislature further finds and declares that in many instances the 10 prevailing wage is not paid to persons involved in off-site fabrication 11 of materials which are used specifically for public works projects. 12 It is the intent of the legislature that construction and fabrication 13 done off the public work site for specific use only in public work 14 projects be compensated at the prevailing wage rate. 15 § 2. Subdivision 3 of section 220 of the labor law is amended by 16 adding a new paragraph (f) to read as follows: 17 (f) For the purposes of this subdivision contractors or subcontractors 18 engaged in custom fabrication shall not be regarded as material suppli- 19 ers. For the purposes of this subdivision, a legal day's work for which 20 the prevailing rate of wages shall be paid to laborers, workers and 21 mechanics shall include custom fabrication whether or not the custom 22 fabrication is done on the public work site. It shall be a condition of 23 the contract concerning such off-site custom fabrication work that the 24 contractor or employer awarded the public work contract shall covenant 25 to pay the on-site prevailing wage of the public work project. Each 26 contractor who employs workers off-site on a public work project shall 27 maintain certified payrolls and provide such payrolls, with original EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD13465-03-2S. 8963 2 1 certifications, to the contracting agency at least once every thirty 2 days. For the purposes of this subdivision the term "custom fabri- 3 cation" shall include, but not be limited to, the fabrication of exteri- 4 or or interior wall panel systems, the fabrication of woodwork, cases, 5 cabinets or counters and the fabrication of electrical, plumbing, heat- 6 ing, cooling, ventilation or exhaust duct systems, and mechanical insu- 7 lation solely and specifically designed and engineered for installation 8 in the construction, repair or renovation of a building which is the 9 subject of a contract to which the state, a municipal corporation, a 10 public benefit corporation or a commission appointed pursuant to law is 11 a party. 12 § 3. This act shall take effect on the sixtieth day after it shall 13 have become a law and shall apply only to those contracts put out to bid 14 on or after such effective date.