New York State Assembly

 
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A00373 Summary:

A00373 Actions:

A00373 Committee Votes:

Committee:LABOR   Chair:Bronson      
DATE:02/27/2024AYE/NAY:26/1  Action: Favorable refer to committee Ways and Means        
Bronson
Aye
Brabenec
Aye
Colton
Aye
DiPietro
Nay
Benedetto
Aye
Morinello
Aye
Hevesi
Aye
DeStefano
Aye
Rozic
Aye
Durso
Aye
Steck
Aye
Giglio
Aye
Cruz
Aye
Smullen
Excused
Reyes
Aye
Bendett
Aye
Ramos
Aye
Slater
Aye
Jacobson
Aye
Burgos
Aye
Zinerman
Aye
Taylor
Aye
Sillitti
Excused
Tapia
Aye
Lucas
Aye
Alvarez
Aye
Ardila
Aye
Raga
Aye
Rivera
Aye

Committee:WAYS AND MEANS   Chair:Weinstein      
DATE:05/22/2024AYE/NAY:33/1  Action: Favorable refer to committee Rules        
Weinstein
Aye
Ra
Aye
Glick
Aye
Fitzpatrick
Excused
Pretlow
Aye
Hawley
Aye
Colton
Aye
Blankenbush
Aye
Cook
Aye
Norris
Aye
Aubry
Aye
Brabenec
Aye
Benedetto
Aye
Palmesano
Nay
Weprin
Aye
Walsh
Aye
Ramos
Aye
DeStefano
Aye
Braunstein
Aye
Manktelow
Aye
McDonald
Aye
Smullen
Aye
Rozic
Aye
Dinowitz
Aye
Magnarelli
Aye
Zebrowski
Aye
Bronson
Aye
Dilan
Aye
Seawright
Aye
Hyndman
Aye
Walker
Aye
Bichotte Hermel
Aye
Simon
Aye
Cruz
Aye
Fahy
Aye

Committee:RULES   Chair:Pretlow      
DATE:05/30/2024AYE/NAY:28/1  Action: Favorable         
Heastie
Excused
Barclay
Aye
Weinstein
Aye
Hawley
Aye
Pretlow
Aye
Giglio
Aye
Cook
Aye
Blankenbush
Aye
Glick
Aye
Norris
Aye
Aubry
Aye
Ra
Aye
Dinowitz
Aye
Brabenec
Aye
Colton
Aye
Palmesano
Nay
Magnarelli
Aye
Reilly
Aye
Paulin
Aye
Peoples-Stokes
Aye
Benedetto
Aye
Lavine
Aye
Lupardo
Aye
Zebrowski
Aye
Thiele
Aye
Braunstein
Aye
Dickens
Excused
Davila
Aye
Hyndman
Aye
Rozic
Aye
Bronson
Aye

A00373 Floor Votes:

A00373 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         373--B
 
                               2023-2024 Regular Sessions
 
                   IN ASSEMBLY
 
                                     January 6, 2023
                                       ___________
 
        Introduced  by  M.  of  A. BRONSON, TAYLOR, DARLING, ROZIC, CRUZ, GLICK,
          L. ROSENTHAL, SIMONE, LAVINE, BORES, GONZALEZ-ROJAS, SEAWRIGHT,  BENE-
          DETTO,  REYES,  WEPRIN,  BRABENEC, SILLITTI, RAGA, SLATER, BRAUNSTEIN,
          DINOWITZ, DURSO, ZEBROWSKI, ARDILA, STECK, RA, BURGOS, EPSTEIN, RAJKU-
          MAR, GIBBS, TAPIA, HYNDMAN, BERGER, LEE, BURDICK, JACOBSON,  K. BROWN,
          BENDETT,  REILLY,  McDONOUGH,  PHEFFER AMATO, MIKULIN -- read once and
          referred to the Committee  on  Labor  --  committee  discharged,  bill
          amended,  ordered reprinted as amended and recommitted to said commit-
          tee -- recommitted to the Committee on Labor in accordance with Assem-
          bly Rule 3, sec. 2 -- reported and referred to the Committee  on  Ways
          and  Means -- reported and referred to the Committee on Rules -- Rules
          Committee discharged, bill amended, ordered reprinted as  amended  and
          recommitted to the Committee on Rules
 
        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;  and  providing for the repeal of certain provisions
          upon expiration thereof
 
          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 custom fabricated materials are fabricated off
     7  the public work job site either to meet the unique specifications of the
     8  project  subject  to  a  public  work  contract  or for the contractor's
     9  convenience or to evade the wage requirements imposed by the  prevailing
    10  wage law.
    11    The  legislature further finds and declares that in many instances the
    12  prevailing wage is not paid to persons involved in off-site  fabrication

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01720-05-4
        A. 373--B                           2
 
     1  of  materials  which  are used specifically for public works projects to
     2  the detriment of the workers at the site and the local economy where the
     3  public work is situated.
     4    The  legislature  further  finds and declares that, in effect, various
     5  custom fabricated materials on local public works construction  projects
     6  are being entirely outsourced to workers at a location or locations away
     7  from the project site or in foreign jurisdictions, thereby intentionally
     8  evading the payment of the prevailing wage and benefit package by elimi-
     9  nating  the  employment  of  workers  at  the site of the project to the
    10  detriment of those workers and the local economy.
    11    It is the intent of the legislature that construction and  fabrication
    12  done  off  the  public  work  site  for specific use only in public work
    13  projects be compensated at the prevailing wage rate.
    14    § 2. Subdivision 3 of section 220 of  the  labor  law  is  amended  by
    15  adding a new paragraph (f) to read as follows:
    16    (f)  (i)  For  the purposes of this subdivision contractors or subcon-
    17  tractors engaged in custom fabrication shall not be regarded as material
    18  suppliers. For the purposes of this subdivision, a legal day's work  for
    19  which  the prevailing rate of wages for the New York county in which the
    20  public works project is situated shall be paid to laborers, workers  and
    21  mechanics  shall  include  custom  fabrication regardless of whether the
    22  custom fabrication occurs on-site, off-site or in  another  jurisdiction
    23  outside  the state.   It shall be a condition of the contract concerning
    24  all such custom fabrication work that the contractor or employer awarded
    25  the public work contract, except  where  the  project  includes  federal
    26  funding  that  triggers  federal  rules  for  wage requirements, and any
    27  subcontractor thereto shall covenant to pay the on-site prevailing  wage
    28  required  for  workers  at  the site of the public work project to those
    29  workers performing the custom fabrication where a  contract  for  custom
    30  fabrication  exceeds two hundred fifty thousand dollars or for contracts
    31  where the cumulative annual total of contracts performed by  the  custom
    32  fabricator  has  exceeded  five  hundred  thousand dollars. In addition,
    33  custom fabricators who choose to perform a public works contract exceed-
    34  ing two hundred fifty thousand dollars or who exceed five hundred  thou-
    35  sand  dollars  in public works contracts in total in a single year shall
    36  be required to pay the on-site prevailing wage to those workers perform-
    37  ing custom fabrication for subsequent public works contracts, regardless
    38  of the amount, thereafter for at least one year and shall register  with
    39  the  department  under  section two hundred twenty-i of this article and
    40  remain registered for at least one year in order to qualify  to  perform
    41  future  custom  fabrication  with regard to public works projects.  Each
    42  contractor or subcontractor who employs workers off-site for the  custom
    43  fabrication  work related to a public work project shall maintain certi-
    44  fied payrolls for those workers and provide such payrolls, with original
    45  certifications, to the department at least once every thirty days.   For
    46  the  purposes  of  this  subdivision the term "custom fabrication" shall
    47  include, but not be limited to, the fabrication of exterior or  interior
    48  wall  panel  systems,  the  fabrication  of woodwork, cases, cabinets or
    49  counters and the fabrication of electrical, plumbing, heating,  cooling,
    50  ventilation  or exhaust duct systems including the drafting of technical
    51  drawings and plans, and mechanical insulation  solely  and  specifically
    52  designed  and engineered for installation in the construction, repair or
    53  renovation of a building which is the subject of a contract to which the
    54  state, a department of the state, a board or officer  in  the  state,  a
    55  municipal  corporation,  a  public  benefit  corporation or a commission
    56  appointed pursuant to law is a party.
        A. 373--B                           3
 
     1    (ii) The department of jurisdiction, as defined in subdivision three-a
     2  of this section and including any entity  to  whom  such  department  of
     3  jurisdiction  delegates  their authority, shall be required to report to
     4  the fiscal officer the intention to contract for custom, off-site fabri-
     5  cation  of  any  materials  on  all contracts, regardless of the amount,
     6  which may include the employment of laborers, workers  or  mechanics  in
     7  the application to the fiscal officer for the approval of such contract.
     8  The department of jurisdiction's report shall state the name and address
     9  of  the  off-site, custom fabricator, identify the custom materials that
    10  are being fabricated off-site and the quantity  thereof,  the  estimated
    11  and  actual  cost of the off-site fabrication, including the transporta-
    12  tion of the materials to the site of the work and the  estimated  number
    13  of  workers  employed to complete the custom fabrication at the off-site
    14  location. Upon receipt of the department of jurisdiction's  report,  the
    15  fiscal  officer  shall  make available said report to the public through
    16  its website and, similarly, maintain and publish on its website all data
    17  specified herein for each custom fabricator.
    18    (iii) The fiscal officer shall produce an annual report on the econom-
    19  ic impact to the state businesses and residents due to  off-site  fabri-
    20  cation.
    21    §  3.  This  act  shall take effect on the sixtieth day after it shall
    22  have become a law and shall apply only to those contracts put out to bid
    23  on or after such effective date; provided,  however,  that  subparagraph
    24  (i)  of  paragraph (f) of subdivision 3 of section 220 of the labor law,
    25  as added by section two of this act, shall expire and be deemed repealed
    26  upon the ruling of a court of competent jurisdiction that  the  require-
    27  ments  of  such  subparagraph  are  unenforceable on fabricators located
    28  outside the state; provided, further, that  the  commissioner  of  labor
    29  shall  notify  the  legislative bill drafting commission upon the occur-
    30  rence of such a court ruling in order that the commission  may  maintain
    31  an  accurate  and timely effective data base of the official text of the
    32  laws of the state  of  New  York  in  furtherance  of  effectuating  the
    33  provisions  of section 44 of the legislative law and section 70-b of the
    34  public officers law.