Relates to project labor agreement feasibility studies and apprenticeship agreements; provides the study shall look to see if there will be a negative impact on opportunities for minority, women or service-disabled veteran owned businesses; provides such feasibility studies shall be provided to the public for review and comment.
STATE OF NEW YORK
________________________________________________________________________
3973
2025-2026 Regular Sessions
IN SENATE
January 31, 2025
___________
Introduced by Sen. SEPULVEDA -- 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 project labor agreement
feasibility studies and apprenticeship agreements
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 2 of section 222 of the labor law is amended by
2 adding a new paragraph (f) to read as follows:
3 (f) (i) Where any contract as defined by this section seeks to engage
4 a project labor agreement as defined in subdivision one of this section,
5 a feasibility study must be conducted first to determine whether such
6 project labor agreement will further its interest in obtaining the best
7 work at the lowest possible price, preventing favoritism, fraud and
8 corruption. The feasibility study shall take into account the impact the
9 project labor agreement will have on competition and the impact the
10 project labor agreement will have on opportunities for minority, women
11 and service-disabled veteran owned business enterprises.
12 (ii) Such feasibility study shall, in its entirety and unredacted, be
13 provided to the public for review and comment prior to inclusion in any
14 bidding and contract documents. Where, taking those factors into
15 account, the feasibility study concludes there is no net advantage to
16 the public or that there will be a negative impact on opportunities for
17 minority, women or service-disabled veteran owned business enterprises,
18 such project labor agreement shall not be authorized.
19 § 2. Subdivision 2 of section 816-b of the labor law, as amended by
20 chapter 669 of the laws of 2023, is amended to read as follows:
21 2. Notwithstanding any other provision of this article, of section one
22 hundred three of the general municipal law, of section one hundred thir-
23 ty-five of the state finance law, of section one hundred fifty-one of
24 the public housing law, or of any other general, special or local law or
25 administrative code, in entering into any construction contract, a
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD08301-01-5
S. 3973 2
1 governmental entity, including any city governmental entity, that is to
2 be a direct or indirect party to such contract may require that any
3 contractors and subcontractors have, prior to entering into such
4 contract, apprenticeship agreements appropriate for the type and scope
5 of work to be performed, that have been registered with, and approved
6 by, the commissioner pursuant to the requirements found in this article.
7 A city governmental entity that is a direct or indirect party to a
8 contract may establish in its specifications a requirement that, in
9 performing the work, the contractor and its subcontractors utilize a
10 minimum ratio of apprentices to journey-level workers, as established by
11 the governmental entity but subject to any maximum ratio established by
12 the department, for any classification appropriate for the type and
13 scope of work to be performed, provided that no such minimum ratio shall
14 be established for labor performed pursuant to a construction contract.
15 Whenever utilizing these requirements, the governmental entity may, in
16 addition to whatever considerations are required by law, consider the
17 degree to which career opportunities in apprenticeship training programs
18 approved by the commissioner may be provided. Prior to requiring any
19 contractors and subcontractors to have, prior to entering into any
20 construction contract, apprenticeship agreements as defined in section
21 eight hundred sixteen of this article, the government entity must
22 conduct an analysis of the impact such a requirement would have on
23 competition and on opportunities for minority, women and service-disa-
24 bled veteran owned business enterprises. Such unredacted complete analy-
25 sis shall be provided to the public for review and comment prior to
26 implementation.
27 § 3. Subdivision 2 of section 816-b of the labor law, as added by
28 chapter 571 of the laws of 2001, is amended to read as follows:
29 2. Notwithstanding any other provision of this article, of section one
30 hundred three of the general municipal law, of section one hundred thir-
31 ty-five of the state finance law, of section one hundred fifty-one of
32 the public housing law, or of any other general, special or local law or
33 administrative code, in entering into any construction contract, a
34 governmental entity which is to be a direct or indirect party to such
35 contract may require that any contractors and subcontractors have, prior
36 to entering into such contract, apprenticeship agreements appropriate
37 for the type and scope of work to be performed, that have been regis-
38 tered with, and approved by, the commissioner pursuant to the require-
39 ments found in this article. Whenever utilizing this requirement, the
40 governmental entity may, in addition to whatever considerations are
41 required by law, consider the degree to which career opportunities in
42 apprenticeship training programs approved by the commissioner may be
43 provided. Prior to requiring any contractors and subcontractors to have,
44 prior to entering into any construction contract, apprenticeship agree-
45 ments as defined in section eight hundred sixteen of this article, the
46 government entity must conduct an analysis of the impact such a require-
47 ment would have on competition and on opportunities for minority, women
48 and service-disabled veteran owned business enterprises. Such unredacted
49 complete analysis shall be provided to the public for review and comment
50 prior to implementation.
51 § 4. This act shall take effect immediately; provided that the amend-
52 ments to subdivision 2 of section 816-b of the labor law made by section
53 two of this act shall be subject to the expiration and reversion of such
54 subdivision pursuant to section 11 of chapter 669 of the laws of 2023,
55 as amended, when upon such date the provisions of section three of this
56 act shall take effect.
