Requires that a minimum of ten percent of the labor hours of the total construction workforce employed by all contractors and subcontractors performing work pursuant to a construction contract shall be performed by a person or persons participating in a certified apprenticeship program; makes technical amendments.
STATE OF NEW YORK
________________________________________________________________________
4738
2025-2026 Regular Sessions
IN ASSEMBLY
February 6, 2025
___________
Introduced by M. of A. DURSO -- read once and referred to the Committee
on Labor
AN ACT to amend the labor law, in relation to apprenticeship training
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The section heading, the opening paragraph of subdivision 1
2 and subdivision 2 of section 811 of the labor law, the section heading
3 and the opening paragraph of subdivision 1 as amended by chapter 482 of
4 the laws of 1961 and subdivision 2 as amended by chapter 51 of the laws
5 of 1968, are amended to read as follows:
6 Powers and duties of [industrial] the commissioner; personnel.
7 The [industrial] commissioner shall have the following powers and
8 duties:
9 2. The [industrial] commissioner shall appoint a person who shall be
10 in charge of apprentice training in the department [of labor], and who
11 shall act as secretary of the state apprenticeship and training council
12 and of state joint apprenticeship committees. The [industrial] commis-
13 sioner is further authorized to appoint such clerical, technical, and
14 professional assistants as shall be necessary to effectuate the purposes
15 of this article. The personnel appointed under this article shall
16 receive an annual compensation to be fixed by the [industrial] commis-
17 sioner within the amount provided by appropriation.
18 § 2. Section 816-b of the labor law, as amended by chapter 669 of the
19 laws of 2023, is amended by adding a new subdivision 3 to read as
20 follows:
21 3. The commissioner shall require that a minimum of ten percent of the
22 labor hours of the total construction workforce employed by all contrac-
23 tors and subcontractors performing work pursuant to a construction
24 contract as defined by paragraph (b) of subdivision one of this section
25 shall be performed by a person or persons participating in a certified
26 apprenticeship program pursuant to this article. Only hours worked by a
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD01195-01-5
A. 4738 2
1 person or persons in the construction trade for which they are regis-
2 tered as an apprentice, and only hours worked by such apprentice accord-
3 ing to the allowable ratio of apprentice to journey worker as stated
4 under the applicable prevailing wage schedule, may count towards the ten
5 percent labor hour requirement.
6 § 3. Section 816-b of the labor law, as added by chapter 571 of the
7 laws of 2001, is amended by adding a new subdivision 3 to read as
8 follows:
9 3. The commissioner shall require that a minimum of ten percent of the
10 labor hours of the total construction workforce employed by all contrac-
11 tors and subcontractors performing work pursuant to a construction
12 contract as defined by paragraph (b) of subdivision one of this section
13 shall be performed by a person or persons participating in a certified
14 apprenticeship program pursuant to this article. Only hours worked by a
15 person or persons in the construction trade for which they are regis-
16 tered as an apprentice, and only hours worked by such apprentice accord-
17 ing to the allowable ratio of apprentice to journey worker as stated
18 under the applicable prevailing wage schedule, may count towards the ten
19 percent labor hour requirement.
20 § 4. This act shall take effect on the one hundred twentieth day after
21 it shall have become a law; provided that the amendments to section
22 816-b of the labor law made by section two of this act shall be subject
23 to the expiration and reversion of such section pursuant to section 1 of
24 chapter 571 of the laws of 2001, as amended, when upon such date the
25 provisions of section three of this act shall take effect.
