senate Bill S7835

Applies the prevailing wage laws to certain projects on privately owned property

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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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  • 13 / Jun / 2014
    • REFERRED TO LABOR

Summary

Applies the prevailing wage laws to certain projects on privately owned property.

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Bill Details

See Assembly Version of this Bill:
A9836A
Versions:
S7835
Legislative Cycle:
2013-2014
Current Committee:
Senate Labor
Law Section:
Labor Law
Laws Affected:
Amd §220, Lab L
Versions Introduced in Previous Legislative Cycles:
2013-2014: A2229, A2229
2011-2012: A10387, A10387

Sponsor Memo

BILL NUMBER:S7835

TITLE OF BILL: An act to amend the labor law, in relation to applying
the prevailing wage laws to certain projects on privately owned
property

PURPOSE OR GENERAL IDEA OF BILL:

The purpose of this bill is to provide prevailing wages to workers on
certain construction projects.

SUMMARY OF SPECIFIC PROVISIONS:

This bill would expand prevailing wage requirements to privately owned
projects that receive public funds or financial incentives when such
project involves the construction of more than fifty dwelling units
and less than fifty percent of such units are reserved for occupancy
by individuals or families with a gross income at or below 125% of the
area median income.

JUSTIFICATION:

The New York State Labor Law (Article 8, Section 220). requires that
"prevailing wages" and "supplemental benefits" be paid on public works
construction projects. This bill would apply the law to certain
larger, primarily upper-income residential projects with more than 50
units that receive public funds or financial assistance. This
legislation does not apply to primarily affordable housing projects of
any size. This legislation also does not apply to residential projects
involving 50 or less units.

Independent research conducted by respected economists and
universities has consistently found that prevailing wage requirements:

*Promote training, skill and productivity, which improves quality and
reduces costs.

*Minimize safety-net costs to taxpayers by providing healthcare and
other benefits through employment.

*Reduce injuries and workers' compensation costs.

* Increase local and minority workforce participation.

Applying prevailing wage requirements to larger, primarily
upper-income residential projects that are publicly subsidized will
assure that the economic benefits of these projects do not only serve
a limited number of affluent interests, but serve the intended purpose
of providing economic opportunity more broadly to workers who earn
good wages and spur local economic multipliers that maximize the
positive effect of the public subsidies. Additionally, applying
prevailing wage requirements to these publicly subsidized projects
will discourage situations where good developers and contractors that
choose to treat their workers well are put at a disadvantage against
developers and contractors that do not.

PRIOR LEGISLATIVE HISTORY:


2013: A.2229 (Lopez, V.) - Referred to Labor
2012: A.10387 (Lopez,V.)- Reported to Codes

FISCAL IMPLICATIONS:

None to the State.

EFFECTIVE DATE:

This act shall take effect on the one hundred twentieth day after it
shall have become a law. Effective, immediately, the addition,
amendment and/or repeal of any rule or regulation necessary for the
implementation of this act on its effective date is authorized to be
made on or before such date.

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

                                  7835

                            I N  S E N A T E

                              June 13, 2014
                               ___________

Introduced  by  Sen.  SAVINO -- 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  applying  the  prevailing
  wage laws to certain projects on privately owned property

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

  Section 1. Section 220 of the labor law is amended  by  adding  a  new
subdivision 10 to read as follows:
  10.  ANY  PROJECT ON PRIVATELY OWNED PROPERTY WHICH, IN WHOLE OR PART,
(A) RECEIVES OR BENEFITS FROM  PUBLIC  FUNDS  OR  FINANCIAL  ASSISTANCE,
INCLUDING  BUT  NOT  LIMITED  TO  THE  PROVISION  OF  PUBLIC MONIES, THE
PROVISION OF TAX EXEMPTIONS OR BENEFITS, THE  PROCEEDS  OR  BENEFITS  OF
BONDS, SURETIES OR OTHER CONTRACTS, OR THE PROVISION OF REAL PROPERTY AT
LESS  THAN  FAIR MARKET VALUE OR FOR REDUCED CONSIDERATION, (B) INVOLVES
MORE THAN FIFTY DWELLING UNITS WHERE LESS  THAN  FIFTY  PERCENT  OF  THE
UNITS  ARE  SUBJECT  TO AN AGREEMENT WITH A MUNICIPALITY, THE STATE, THE
FEDERAL GOVERNMENT OR ANY INSTRUMENTALITY THEREOF  WHICH  RESTRICTS  THE
OCCUPANCY  OF  SUCH  UNITS  TO  INDIVIDUALS  OR  FAMILIES, AS TENANTS OR
PURCHASERS, WITH A GROSS HOUSEHOLD INCOME AT OR BELOW ONE HUNDRED  TWEN-
TY-FIVE  PERCENT  OF  THE  AREA  MEDIAN  INCOME, AND (C) MAY INVOLVE THE
EMPLOYMENT OF LABORERS, WORKERS OR MECHANICS, SHALL BE CONSIDERED PUBLIC
WORK FOR THE PURPOSES OF THIS ARTICLE, AND ANY CONTRACTS OR SUBCONTRACTS
WHICH MAY INVOLVE THE EMPLOYMENT OF LABORERS, WORKERS OR MECHANICS SHALL
BE ENFORCEABLE  UNDER  THIS  ARTICLE.  FOR  PURPOSES  OF  THIS  SECTION,
"PRIVATELY  OWNED  PROPERTY" SHALL MEAN PROPERTY HELD PURSUANT TO OWNER-
SHIP OR LEASEHOLD INTEREST BY A NON-GOVERNMENTAL ENTITY.
  S 2. This act shall take effect on the one hundred twentieth day after
it shall have become a law. Effective immediately, the addition,  amend-
ment and/or repeal of any rule or regulation necessary for the implemen-
tation  of this act on its effective date is authorized to be made on or
before such date.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06227-03-4

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