Requires certain contractor, subcontractor and worker certifications for certain contracts which involve industrial painting or industrial coating work.
STATE OF NEW YORK
________________________________________________________________________
5517--A
2021-2022 Regular Sessions
IN SENATE
March 9, 2021
___________
Introduced by Sen. KENNEDY -- read twice and ordered printed, and when
printed to be committed to the Committee on Procurement and Contracts
-- committee discharged, bill amended, ordered reprinted as amended
and recommitted to said committee
AN ACT to amend the state finance law, in relation to certain contracts
involving industrial painting and industrial coatings
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The state finance law is amended by adding a new section
2 136-d to read as follows:
3 § 136-d. Contracts involving industrial painting and industrial coat-
4 ings. 1. Any state agency contract for the application of industrial
5 painting or industrial coating shall include provisions regarding
6 contractor, subcontractor and worker certification as follows:
7 a. Contractors and subcontractors doing work involving industrial
8 painting and industrial coating shall certify that all work completed
9 meets the minimum standards established under this section by the office
10 of general services regarding industrial painting and industrial coat-
11 ing.
12 b. Contractors and subcontractors doing work involving industrial
13 painting and industrial coating that require the disturbance of lead-
14 based paint or other hazardous materials shall certify that all work
15 conducted on the project meets the minimum standards established under
16 this section by the office of general services.
17 2. Any certifications required by this section shall be kept current
18 for the duration of the contract.
19 3. The office of general services shall establish guidelines concern-
20 ing the procurement of industrial paints and industrial coatings as well
21 as the qualifications required for the application of industrial paints
22 and industrial coatings by contractors and subcontractors pursuant to
23 section one hundred sixty-three of this chapter. Such guidelines shall
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD02203-03-1
S. 5517--A 2
1 implement a certification process with minimum standards for contractors
2 and subcontractors to file with the contracting agency upon completion
3 of a project. When establishing guidelines related to industrial paints
4 and industrial coatings, the office shall consider industry standards
5 set forth by the Association for Materials Protection and Performance
6 (AMPP) or other similar associations that set industry standards for
7 protective coatings and shall consult with affected contractors and
8 subcontractors to consider environmental impact as well as the impact on
9 public health and safety. The office of general services shall establish
10 contractor and subcontractor requirements for employees working on
11 industrial painting and industrial coating projects including, but not
12 limited to, requiring specific trainings or certifications for individ-
13 ual employees.
14 4. As used in this section, the term "state agency" shall mean the
15 same as defined in section one hundred sixty of this chapter.
16 § 2. This act shall take effect on the one hundred eightieth day
17 after it shall have become a law and shall apply to any state contract-
18 ing opportunities advertised on or after such date and shall exclude
19 contracts for which an invitation for bid, request for proposal, or
20 similar solicitation has been issued prior to the effective date of this
21 act.
