senate Bill S3484A

Relates to project labor agreements for public work projects

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 04 / Feb / 2013
    • REFERRED TO CORPORATIONS, AUTHORITIES AND COMMISSIONS
  • 19 / Mar / 2013
    • AMEND AND RECOMMIT TO CORPORATIONS, AUTHORITIES AND COMMISSIONS
  • 19 / Mar / 2013
    • PRINT NUMBER 3484A
  • 06 / May / 2013
    • REPORTED AND COMMITTED TO FINANCE
  • 04 / Jun / 2013
    • 1ST REPORT CAL.1000
  • 05 / Jun / 2013
    • 2ND REPORT CAL.
  • 10 / Jun / 2013
    • ADVANCED TO THIRD READING
  • 21 / Jun / 2013
    • COMMITTED TO RULES
  • 08 / Jan / 2014
    • REFERRED TO CORPORATIONS, AUTHORITIES AND COMMISSIONS

Summary

Relates to the use of project labor agreements for public work projects by public authorities and the state.

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Bill Details

See Assembly Version of this Bill:
A6523
Versions:
S3484
S3484A
Legislative Cycle:
2013-2014
Current Committee:
Senate Corporations, Authorities And Commissions
Law Section:
Public Authorities Law
Laws Affected:
Add §2880-b, Pub Auth L; add §148, St Fin L; amd §222, Lab L

Votes

2
1
2
Aye
1
Nay
2
aye with reservations
0
absent
1
excused
0
abstained
show Corporations, Authorities and Commissions committee vote details
nay (1)
aye wr (2)
excused (1)

Sponsor Memo

BILL NUMBER:S3484A

TITLE OF BILL: An act to amend the public authorities law, the state
finance law and the labor law, in relation to project labor agreements
for public work projects; and providing for the repeal of such
provisions upon expiration thereof

PURPOSE OF THE BILL:

To increase the options of certain public entities seeking contracts
for public improvements.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1 - would establish the "Public Construction Savings Pilot
Act".

Sections 2 - would amend the Public Authorities Law by adding a new
section 2880-B to provide that a contractor bidding on a request for
proposal issued by any public authority for the erection, construction
or alteration of buildings, or the construction, reconstruction,
repair, or improvement to roads, tollroads, highways, railroads,
bridges, terminals, or other transportation facilities with a project
labor agreement may submit a bid that does not include a project labor
agreement and such contract shall be awarded to the contractor with
the low bid regardless of whether a project labor agreement was
included in the bid proposal.

Section 3 amends the State Finance Law by adding a new section 148 to
provide that a contractor bidding on a request for Proposal issued by
an officer, board, department commission or commissions for the
erection, construction or alteration of buildings, or the
construction, reconstruction, repair, or improvement to roads,
tollroads, highways, railroads, bridges, terminals, or other
transportation facilities for the state, with a project labor
agreement may submit a bid that does not include a project labor
agreement and such contract shall be awarded to the contractor with
the low bid regardless of whether a project labor agreement was
included in the bid proposal.

Section 4 - amends paragraph (a) of subdivision 2 of section 222 of
the Labor Law to provide that participation in a project labor
agreement shall not be required, but may be optional at the choice of
the public entity seeking bids for a project, that as part of the bid,
contractors shall be notified of the existence of a project labor
agreement and their option to participate in such agreement, and that
whether a bid includes participation in the agreement or not, the
contract will be awarded to the low bid.

Section 5 - provides that this act shall take effect 60 days after it
shall have become a law, and shall expire five years after such
effective date when upon such date the provisions of this act shall be
deemed repealed. This act shall control all contracts advertised or
solicited for bid on or after the effective date of this act under the
provisions of any law requiring contracts to be let pursuant to
provisions of law amended by this act.


EXISTING LAW:

Section 222 of the Labor Law authorizes a public entity to require a
Project Labor Agreement (PLA) where it determines to do so in
accordance with specified statutory criteria. The law provides that
where a PLA is required, the public works project will not be subject
to the separate bidding requirements pursuant to the Wicks Law, but
instead will be subject to the restrictions of the PLA, the contractor
providing a labor and material bond and a performance bond, and
contractor and subcontractor participation in apprentice training
programs for the trades they employ.

JUSTIFICATION:

Current law acts to discourage true arms-length bidding to obtain the
best possible prices on public contracts, Assumptions are made that
bids will be lower with or without inclusion of Project labor
agreements without allowing bidding to actually determine what is the
best and most cost effective choice for projects. Jobs bid without
participation in the PLA would, of course, be required to comply with
any laws, such as the Wicks Law, that would be waived with
participation in the PLA, This legislation would allow a bidder to
submit a responsive bid with or without a PLA and would require the
public owner to award the job to the lowest bidder, regardless of
whether such bidder has included a PLA in their proposal. In this way,
taxpayers are assured that they are receiving the lowest price for
needed public construction.

FISCAL IMPLICATIONS:

This bill will result in millions of dollars of cost-savings to the
State and public authorities.

PRIOR LEGISLATIVE HISTORY:

This is a new bill

EFFECTIVE DATE:

This act shall take effect 60 days after it shall have become a law,
and shall expire five years after such effective date when upon such
date the provisions of this act shall be deemed repealed. This act
shall control all contracts advertised or solicited for bid on or
after the effective date of this act under the provisions of any law
requiring contracts to be let pursuant to provisions of law amended by
this act.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 3484--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            February 4, 2013
                               ___________

Introduced  by  Sens. RANZENHOFER, DeFRANCISCO -- read twice and ordered
  printed, and when printed to be committed to the Committee  on  Corpo-
  rations,  Authorities  and  Commissions  -- committee discharged, bill
  amended, ordered reprinted as amended and recommitted to said  commit-
  tee

AN  ACT  to  amend the public authorities law, the state finance law and
  the labor law, in relation to project labor agreements for public work
  projects; and providing for the repeal of such provisions upon expira-
  tion thereof

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  This  act  shall be known and may be cited as the "public
construction savings pilot act".
  S 2. The public authorities law is amended by  adding  a  new  section
2880-b to read as follows:
  S 2880-B. PROJECT LABOR AGREEMENTS BY PUBLIC AUTHORITIES. A CONTRACTOR
BIDDING ON A REQUEST FOR PROPOSAL ISSUED BY ANY PUBLIC AUTHORITY FOR (I)
THE  ERECTION,  CONSTRUCTION  OR  ALTERATION  OF  BUILDINGS, OR (II) THE
CONSTRUCTION, RECONSTRUCTION, REPAIR OR IMPROVEMENT TO ROADS, TOLLROADS,
HIGHWAYS, RAILWAYS, BRIDGES, TERMINALS, OR OTHER TRANSPORTATION  FACILI-
TIES, WITH A PROJECT LABOR AGREEMENT PURSUANT TO PARAGRAPH (A) OF SUBDI-
VISION  TWO  OF  SECTION  TWO  HUNDRED  TWENTY-TWO OF THE LABOR LAW, MAY
SUBMIT A BID THAT DOES NOT INCLUDE A PROJECT LABOR  AGREEMENT  AND  SUCH
CONTRACT FOR PUBLIC WORK SHALL BE AWARDED TO THE CONTRACTOR WITH THE LOW
BID  REGARDLESS  OF  WHETHER A PROJECT LABOR AGREEMENT WAS INCLUDED IN A
CONTRACTOR'S BID PROPOSAL.
  S 3. The state finance law is amended by adding a new section  148  to
read as follows:
  S 148. PROJECT LABOR AGREEMENTS. A CONTRACTOR BIDDING ON A REQUEST FOR
PROPOSAL  ISSUED BY AN OFFICER, BOARD, DEPARTMENT, COMMISSION OR COMMIS-
SIONS FOR (I) THE ERECTION, CONSTRUCTION OR ALTERATION OF BUILDINGS  FOR

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04947-03-3

S. 3484--A                          2

THE  STATE, OR (II) THE CONSTRUCTION, RECONSTRUCTION, REPAIR OR IMPROVE-
MENT TO ROADS, TOLLROADS, HIGHWAYS,  RAILWAYS,  BRIDGES,  TERMINALS,  OR
OTHER  TRANSPORTATION  FACILITIES  FOR  THE  STATE, WITH A PROJECT LABOR
AGREEMENT  PURSUANT  TO  PARAGRAPH (A) OF SUBDIVISION TWO OF SECTION TWO
HUNDRED TWENTY-TWO OF THE LABOR LAW, MAY SUBMIT  A  BID  THAT  DOES  NOT
INCLUDE  A  PROJECT  LABOR  AGREEMENT  AND SUCH CONTRACT FOR PUBLIC WORK
SHALL BE AWARDED TO THE CONTRACTOR WITH THE LOW BID REGARDLESS OF WHETH-
ER A  PROJECT  LABOR  AGREEMENT  WAS  INCLUDED  IN  A  CONTRACTOR'S  BID
PROPOSAL.
  S  4.  Paragraph (a) of subdivision 2 of section 222 of the labor law,
as added by section 18 of part MM of chapter 57 of the laws of 2008,  is
amended to read as follows:
  (a)  [Any] EXCEPT AS PROVIDED IN SECTION TWENTY-EIGHT HUNDRED EIGHTY-B
OF THE PUBLIC AUTHORITIES LAW OR SECTION ONE HUNDRED FORTY-EIGHT OF  THE
STATE  FINANCE LAW, ANY agency, board, department, commission or officer
of the state of New York, or of any  political  subdivision  thereof  as
defined  in  section one hundred of the general municipal law, municipal
corporation as defined in section sixty-six of the general  construction
law,  public benefit corporation, or local or state authority as defined
in section two of the public authorities law  having  jurisdiction  over
the  public  work  may  require a contractor awarded a contract, subcon-
tract, lease, grant, bond, covenant or other agreement for a project  to
enter  into  a  project labor agreement during and for the work involved
with such project when such requirement is part of  the  agency,  board,
department,  commission  or  officer of the state of New York, political
subdivision, municipal corporation, public benefit corporation or  local
or  state authority having jurisdiction over the public work request for
proposals for the  project  and  when  the  agency,  board,  department,
commission  or  officer of the state of New York, political subdivision,
municipal corporation, public benefit  corporation  or  local  or  state
authority  having  jurisdiction over the public work determines that its
interest in obtaining the  best  work  at  the  lowest  possible  price,
preventing  favoritism,  fraud  and corruption, and other considerations
such as the impact of delay, the possibility of cost savings advantages,
and any local history of labor unrest,  are  best  met  by  requiring  a
project labor agreement.
  S  5.  This  act  shall take effect on the sixtieth day after it shall
have become a law and shall expire 5 years  after  such  effective  date
when upon such date the provisions of this act shall be deemed repealed.
This  act shall control all contracts advertised or solicited for bid on
or after the effective date of this act under the provisions of any  law
requiring  contracts  to be let pursuant to provisions of law amended by
this act.

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