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A03156 Summary:

BILL NOA03156
 
SAME ASNo Same As
 
SPONSORJoyner
 
COSPNSR
 
MLTSPNSR
 
Amd §§370 & 376, Ed L
 
Relates to requiring the use of project labor agreements for large scale construction projects under the state university construction fund; provides exceptions to such requirement; provides that the fund may require every contractor become party to a project labor agreement.
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A03156 Actions:

BILL NOA03156
 
02/02/2023referred to higher education
03/07/2023enacting clause stricken
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A03156 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A3156
 
SPONSOR: Joyner
  TITLE OF BILL: An act to amend the education law, in relation to requiring the use of project labor agreements for large scale construction projects under the state university construction fund   PURPOSE OR GENERAL IDEA OF BILL: The purpose of this bill is ensuring that when large scale construction projects are undertaken by the State University Construction Fund, they will be required to use a project labor agreement.   SUMMARY OF PROVISIONS: Amend section 370 of the education law to define large scale construction projects. Amend section 376 of the education law to add a new subdivision that will require the use of a project labor agreement for all large-scale construction projects. Exceptions can be granted in special cases. The act will go into effect on the 90th day after it shall have become law and shall apply to all contracts entered, renewed, modified or amended on or after such a date.   JUSTIFICATION: The State University of New York (SUNY) system has educated generations of New York residents, helping them gain the knowledge they need to secure good jobs and create strong careers for themselves. Historically, the SUNY system has also fostered the creation of thousands of jobs for local construction workers as a part of building and maintaining campus- es throughout the state. Through the State's commitment and collective work of construction workers and contractors, New York has been able to create a public higher education system with state-of-the-art facilities and top-quality education. This partnership has allowed countless New York construction workers to create strong careers in the industry and continue supporting the tax base that funds the university system for our state. Unfortunately, in recent years there's been a change in how SUNY builds and maintains university facilities and campuses. While these contracts use public, taxpayer dollars to finance development and come with prevailing wage requirements, they're increasingly being awarded to out-of-state companies that lack necessary NYS-based workers' compen- sation and insurance policies, and have histories of unsafe building practices, wage theft, and other labor issues. There's also been an influx in out-of-state workers being used on these jobs, barring New York's construction workers from being able to secure these prevailing wage jobs in their communities. Implementing a statewide project labor agreement (PLA) for SUNY-funded construction projects of $3 million or more will address these issues and restore accountability to the public university procurement process. PLAs support the use of New York-based responsible contractors and create good jobs for local workers. Data shows PLAs also lead to cost- savings and more efficient development - further ensuring SUNY responsi- bly uses taxpayer dollars. Additionally, implementing a PLA will allow Building Trades unions to offer more opportunities for New Yorkers to join the unionized construction industry and create lifelong careers with family-sustaining wages, healthcare, and retirement security - vital opportunities for New Yorkers   PRIOR LEGISLATIVE HISTORY: None   FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: TBD   EFFECTIVE DATE: This act shall take.effect on the ninetieth day after it shall have become a law and shall apply to all contracts entered into, renewed, modified or amended on or after such a date.
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A03156 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          3156
 
                               2023-2024 Regular Sessions
 
                   IN ASSEMBLY
 
                                    February 2, 2023
                                       ___________
 
        Introduced by M. of A. JOYNER -- read once and referred to the Committee
          on Higher Education
 
        AN  ACT  to amend the education law, in relation to requiring the use of
          project labor agreements for large scale construction  projects  under
          the state university construction fund

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Section 370 of the education law is amended by adding a new
     2  subdivision 6-a to read as follows:
     3    6-a. "Large-scale construction  project"  shall  mean  a  construction
     4  project  performed under the approved master plan of the state universi-
     5  ty; with respect to  university-related  economic  development  projects
     6  authorized  by  law  pursuant  to section three hundred seventy-two-a of
     7  this article involving the  construction,  acquisition,  reconstruction,
     8  rehabilitation  or  improvement  of  academic buildings, dormitories and
     9  other facilities for which the total estimated cost of the  construction
    10  contract or contracts to the fund is five million dollars or more.
    11    §  2.  Section  376  of  the  education law is amended by adding a new
    12  subdivision 11 to read as follows:
    13    11.  (a)  Each  contract  involving  the  awarding  of  a  large-scale
    14  construction project shall require the use of a project labor agreement,
    15  as  defined  in subdivision one of section two hundred twenty-two of the
    16  labor law, for all contractors and subcontractors on the project, unless
    17  an exception applies as set forth in paragraph (b) of this subdivision.
    18    (b) The fund may grant an exception  from  the  requirements  of  this
    19  subdivision  by providing a specific written explanation of why at least
    20  one of the following conditions exists with respect  to  the  particular
    21  contract:
    22    (i)  requiring  a  project  labor  agreement  on the project would not
    23  advance the fund's interests in achieving economy and efficiency in fund
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06964-01-3

        A. 3156                             2
 
     1  procurement. The exception shall be based on one or more of the  follow-
     2  ing factors:
     3    (A) the project is of short duration and lacks operational complexity;
     4    (B) the project will involve only one craft or trade;
     5    (C)  the  project  will  involve specialized construction work that is
     6  available from only a limited number of contractors  or  subcontractors;
     7  or
     8    (D)  the fund's need for the project is of such an unusual and compel-
     9  ling urgency that a project labor agreement would be impracticable;
    10    (ii) market research indicates that requiring a project  labor  agree-
    11  ment  on  the project would substantially reduce the number of potential
    12  offerors to such a degree  that  adequate  competition  at  a  fair  and
    13  reasonable  price  could not be achieved, however, a likely reduction in
    14  the number of potential offerors is not, by itself, sufficient to except
    15  a contract from coverage under this section unless it  is  coupled  with
    16  the  finding that the reduction would not allow for adequate competition
    17  at a fair and reasonable price; or
    18    (iii) requiring a project labor agreement on the project would  other-
    19  wise  be inconsistent with statutes, rules, or regulations applicable to
    20  the fund.
    21    (iv) when determining whether the exception in  subparagraph  (ii)  of
    22  this  paragraph  applies,  the fund shall consider current market condi-
    23  tions and the extent to which price fluctuations may be attributable  to
    24  factors other than the requirement for a project labor agreement such as
    25  costs of labor or materials, or supply chain costs. The fund may rely on
    26  price   analysis   conducted   on   recent   competitive  proposals  for
    27  construction projects of a similar size and  scope  when  evaluating  an
    28  exception.
    29    (v)  any  exception  to  the  application of this subdivision shall be
    30  granted for a particular project contract by the solicitation date.
    31    (c) An agency may require the use of  a  project  labor  agreement  on
    32  construction projects where the total cost to the fund is less than that
    33  for a large-scale construction project, if appropriate.
    34    (d)  The  fund,  if appropriate, may require that every contractor and
    35  subcontractor engaged in construction on the  project  agree,  for  that
    36  project,  to  negotiate  or  become a party to a project labor agreement
    37  with one or more labor organizations if the fund decides that the use of
    38  project labor agreements will:
    39    (i) advance the fund's interest in achieving economy and efficiency in
    40  procurement, producing labor-management stability, and ensuring  compli-
    41  ance  with  laws  and  regulations  governing  safety  and health, equal
    42  employment  opportunity,  labor  and  employment  standards,  and  other
    43  matters; and
    44    (ii) be consistent with law.
    45    (e)  The  fund  may consider the following factors in deciding whether
    46  the use of a project labor agreement is appropriate for  a  construction
    47  project  where the total cost to the fund is less than that for a large-
    48  scale construction project:
    49    (i) the project will require multiple construction contractors  and/or
    50  subcontractors employing workers in multiple crafts or trades;
    51    (ii)  there  is a shortage of skilled labor in the region in which the
    52  construction project will be sited;
    53    (iii) completion of the project will require  an  extended  period  of
    54  time;

        A. 3156                             3
 
     1    (iv)  project  labor  agreements have been used on comparable projects
     2  undertaken by federal, state, municipal,  or  private  entities  in  the
     3  geographic area of the project;
     4    (v)  a  project  labor  agreement  will  promote  the fund's long term
     5  program interests, such as facilitating the training of a skilled  work-
     6  force to meet the agency's future construction needs; and
     7    (vi) any other factors that the fund determines are appropriate.
     8    §  3.  This  act shall take effect on the ninetieth day after it shall
     9  have become a law  and  shall  apply  to  all  contracts  entered  into,
    10  renewed, modified or amended on or after such date.
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