senate Bill S3484A

2013-2014 Legislative Session

Relates to project labor agreements for public work projects

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Sponsored By

Archive: Last Bill Status - In Committee


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

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Actions

view actions (9)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2014 referred to corporations, authorities and commissions
Jun 21, 2013 committed to rules
Jun 10, 2013 advanced to third reading
Jun 05, 2013 2nd report cal.
Jun 04, 2013 1st report cal.1000
May 06, 2013 reported and committed to finance
Mar 19, 2013 print number 3484a
amend and recommit to corporations, authorities and commissions
Feb 04, 2013 referred to corporations, authorities and commissions

Votes

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Jun 4, 2013 - Finance committee Vote

S3484A
16
12
committee
16
Aye
12
Nay
9
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Finance committee vote details

May 6, 2013 - Corporations, Authorities and Commissions committee Vote

S3484A
2
1
committee
2
Aye
1
Nay
2
Aye with Reservations
0
Absent
1
Excused
0
Abstained
show Corporations, Authorities and Commissions committee vote details

Corporations, Authorities and Commissions Committee Vote: May 6, 2013

nay (1)
aye wr (2)
excused (1)

Bill Amendments

Original
A (Active)
Original
A (Active)

Co-Sponsors

S3484 - Bill Details

See Assembly Version of this Bill:
A6523
Current Committee:
Law Section:
Public Authorities Law
Laws Affected:
Add §2880-b, Pub Auth L; add §148, St Fin L; amd §222, Lab L

S3484 - Bill Texts

view summary

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

view sponsor memo
BILL NUMBER:S3484

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 with a optional 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 for the state, with a optional
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 effec-
tive 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 subcontrac-
tor 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.

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

                                  3484

                       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

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 THE
ERECTION,  CONSTRUCTION OR ALTERATION OF BUILDINGS, 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 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 THE ERECTION, CONSTRUCTION OR ALTERATION OF BUILDINGS 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04947-02-3

S. 3484                             2

BID REGARDLESS OF WHETHER 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 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]  SHALL NOT require [a contractor awarded a contract, subcon-
tract, lease, grant, bond, covenant or other agreement for a project  to
enter  into],  BUT  MAY  OFFER  AS AN OPTION, PARTICIPATION IN a project
labor agreement [during and for the work involved with such project when
such requirement is], AND SHALL NOTIFY EACH  BIDDER  OF  THE  OPTION  TO
INCLUDE  OR  NOT INCLUDE PARTICIPATION IN A PROJECT LABOR AGREEMENT WITH
ITS BID, AS 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 jurisdic-
tion 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, BUT SHALL IN ANY EVENT AWARD
THE SUBCONTRACT, LEASE, CONTRACT, GRANT, BOND, COVENANT OR OTHER  AGREE-
MENT  FOR A PROJECT TO THE BIDDER WITH THE LOW BID REGARDLESS OF WHETHER
A PROJECT LABOR AGREEMENT WAS INCLUDED IN THE BIDDER'S BID PROPOSAL  AND
SHALL NOT REQUIRE THE BIDDER TO EXECUTE 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.

Co-Sponsors

S3484A (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A6523
Current Committee:
Law Section:
Public Authorities Law
Laws Affected:
Add §2880-b, Pub Auth L; add §148, St Fin L; amd §222, Lab L

S3484A (ACTIVE) - Bill Texts

view summary

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

view 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 full text
download pdf
                    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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