NY State Senate Bill 2015-S5768A

Archive: Last Bill Status - Stricken

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Apr 05, 2016	recommit, enacting clause stricken
Apr 04, 2016	print number 5768a
Apr 04, 2016	amend and recommit to labor
Jan 06, 2016	referred to labor
Jun 02, 2015	referred to labor

Bill Amendments

Original

A (Active)

2015-S5768 - Details

Law Section:: Labor Law
Laws Affected:: Amd §220, Lab L; amd §421-a, RPT L

2015-S5768 - Summary

Relates to prevailing wage and extending certain exemptions for new multiple dwellings.

2015-S5768 - Sponsor Memo

                                BILL NUMBER:S5768

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; and to
amend the real property tax law, in relation to extending certain
exemptions for new multiple dwellings

PURPOSE:

This bill would extend the provisions of section 421-a of the real
property tax law an additional three years and apply the prevailing
wage laws on any project of this type.

SUMMARY OF PROVISIONS:

Section one creates a standard of public work for the purposes of
contracts of building construction projects receiving benefits under
section 421-a of the real property tax law.

Sections two and three extends the provisions of section 421-a of the
real property tax law until June 15th, 2018.

Section four sets the effective date.

JUSTIFICATION:

Public works construction projects are required by New York State
Labor Law to apply prevailing wages and "supplemental benefits." 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 have 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 workforce participation.

Applying prevailing wage requirements to larger, primarily
upper-income residential projects that are partially subsidized by
taxpayers 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 affordable housing as well as economic
opportunity 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 should 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.

LEGISLATIVE HISTORY:

This is a new bill.

FISCAL IMPLICATIONS:

None to the state.

EFFECTIVE DATE:

This bill would take effect immediately.

2015-S5768 - Bill Text download pdf

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

                                  5768

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                              June 2, 2015
                               ___________

Introduced  by  Sen. MARTINS -- 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; and to
  amend the real property tax law,  in  relation  to  extending  certain
  exemptions for new multiple dwellings

  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.  NOTWITHSTANDING ANY LAW TO THE CONTRARY, ANY PROJECT ON PRIVATELY
OWNED PROPERTY WHICH, IN WHOLE OR PART, (A) RECEIVES OR BENEFITS FROM AN
EXEMPTION FROM REAL PROPERTY TAXATION PURSUANT TO SECTION  FOUR  HUNDRED
TWENTY-ONE-A  OF THE REAL PROPERTY TAX LAW, (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 TWENTY-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 EMPLOY-
MENT  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  OWNERSHIP OR LEASEHOLD INTEREST BY A
NON-GOVERNMENTAL ENTITY.
  S 2. The opening paragraph of clause (A) of subparagraph (iv) of para-
graph (a) of subdivision 2 of section 421-a of  the  real  property  tax
law,  as  amended  by  section 41 of part B of chapter 97 of the laws of
2011, is amended to read as follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11392-01-5

S. 5768                             2

  Unless excluded by local law, in the city of New York, the benefits of
this subparagraph shall be available in the borough of Manhattan for new
multiple dwellings on tax lots now existing or hereafter  created  south
of  or adjacent to either side of one hundred tenth street that commence
construction  after  July  first, nineteen hundred ninety-two and before
June fifteenth, two thousand [fifteen] EIGHTEEN only if:
  S 3. Subparagraph (ii) of paragraph (c) of subdivision  2  of  section
421-a  of  the real property tax law, as amended by section 42 of part B
of chapter 97 of the laws of 2011, is amended to read as follows:
  (ii) construction is commenced after January first,  nineteen  hundred
seventy-five  and before June fifteenth, two thousand [fifteen] EIGHTEEN
provided, however, that such commencement  period  shall  not  apply  to
multiple  dwellings  eligible  for  benefits  under subparagraph (iv) of
paragraph (a) of this subdivision;
  S 4. This act shall take effect immediately.

2015-S5768A (ACTIVE) - Details

Law Section:: Labor Law
Laws Affected:: Amd §220, Lab L; amd §421-a, RPT L

2015-S5768A (ACTIVE) - Summary

Relates to prevailing wage and extending certain exemptions for new multiple dwellings.

2015-S5768A (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S5768A

 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; and to amend the real property tax law, in relation to
extending certain exemptions for new multiple dwellings

 PURPOSE :

This bill would extend the provisions of section 421-a of the real
property tax law an additional three years and apply the prevailing
wage laws on any project of this type.

 SUMMARY OF PROVISIONS :

Section one creates a standard of public work for the purposes of
contracts of building construction projects receiving benefits under
section 421-a of the real property tax law.

Sections two and three extends the provisions of section 421-a of the
real property tax law until June 15th, 2018, provided that such a
multiple dwelling receives its first temporary or permanent
certificate of occupancy covering all residential areas on or before
December 31, 2020.

Section four sets the effective date.

 JUSTIFICATION :

Public works construction projects are required by New York State
Labor Law to apply prevailing wages and "supplemental benefits." 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 have 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
workforce participation.

Applying prevailing wage requirements to larger, primarily
upper-income residential projects that are partially subsidized by
taxpayers 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 affordable housing as well as economic
opportunity 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 should 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.

 LEGISLATIVE HISTORY :

This is a new bill.

 FISCAL IMPLICATIONS :

None to the state.

 EFFECTIVE DATE :
This bill would take effect immediately.

2015-S5768A (ACTIVE) - Bill Text download pdf

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

                                 5768--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                              June 2, 2015
                               ___________

Introduced  by  Sen. MARTINS -- read twice and ordered printed, and when
  printed to be committed to the Committee on Labor  --  recommitted  to
  the  Committee  on  Labor  in accordance with Senate Rule 6, sec. 8 --
  committee discharged, bill amended, ordered reprinted as  amended  and
  recommitted to said committee

AN  ACT  to  amend the labor law, in relation to applying the prevailing
  wage laws to certain projects on  privately  owned  property;  and  to
  amend  the  real  property  tax  law, in relation to extending certain
  exemptions for new multiple dwellings

  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. NOTWITHSTANDING ANY LAW TO THE CONTRARY, ANY PROJECT ON  PRIVATELY
OWNED PROPERTY WHICH, IN WHOLE OR PART, (A) RECEIVES OR BENEFITS FROM AN
EXEMPTION  FROM  REAL PROPERTY TAXATION PURSUANT TO SECTION FOUR HUNDRED
TWENTY-ONE-A OF THE REAL PROPERTY TAX LAW, (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 TWENTY-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 EMPLOY-
MENT 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 OWNERSHIP  OR  LEASEHOLD  INTEREST  BY  A
NON-GOVERNMENTAL ENTITY.
  S 2. The opening paragraph of clause (A) of subparagraph (iv) of para-
graph  (a)  of  subdivision  2 of section 421-a of the real property tax

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11392-02-6

S. 5768--A                          2

law, as amended by section 63-a of part A of chapter 20 of the  laws  of
2015, is amended to read as follows:
  Unless excluded by local law, in the city of New York, the benefits of
this subparagraph shall be available in the borough of Manhattan for new
multiple  dwellings  on tax lots now existing or hereafter created south
of or adjacent to either side of one hundred tenth street that  commence
construction  after  July  first,  nineteen hundred ninety-two and on or
before December thirty-first, two thousand [fifteen] EIGHTEEN  provided,
however,  that  such a multiple dwelling receives its first temporary or
permanent certificate of occupancy covering all residential areas on  or
before December thirty-first, two thousand [nineteen] TWENTY, and solely
for  purposes  of  determining  whether this clause applies and notwith-
standing any local law to the contrary, "commence" shall mean  the  date
upon  which  excavation and construction of initial footings and founda-
tions lawfully begins in good faith or, for an eligible conversion,  the
date upon which the actual construction of the conversion, alteration or
improvement of the pre-existing building or structure lawfully begins in
good faith, only if:
  S  3.  Subparagraph  (ii) of paragraph (c) of subdivision 2 of section
421-a of the real property tax law, as amended by section 63-b of part A
of chapter 20 of the laws of 2015, is amended to read as follows:
  (ii) construction is commenced after January first,  nineteen  hundred
seventy-five  and  on  or  before  December  thirty-first,  two thousand
[fifteen] EIGHTEEN provided, however, that (A) such a multiple  dwelling
receives  its  first  temporary  or  permanent  certificate of occupancy
covering all residential areas on or before December  thirty-first,  two
thousand  [nineteen]  TWENTY,  (B)  solely  for  purposes of determining
whether this subparagraph applies and notwithstanding any local  law  to
the  contrary,  "commence" shall mean the date upon which excavation and
construction of initial footings and foundations lawfully begins in good
faith or, for an eligible conversion, the date  upon  which  the  actual
construction of the conversion, alteration or improvement of the pre-ex-
isting building or structure lawfully begins in good faith, and (C) such
commencement  period  shall not apply to multiple dwellings eligible for
benefits under subparagraph (iv) of paragraph (a) of this subdivision;
  S 4. This act shall take effect immediately.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Senate Bill S5768A

Sponsored By

Archive: Last Bill Status - Stricken

Bill Amendments

2015-S5768 - Details

2015-S5768 - Summary

2015-S5768 - Sponsor Memo

2015-S5768 - Bill Text download pdf

2015-S5768A (ACTIVE) - Details

2015-S5768A (ACTIVE) - Summary

2015-S5768A (ACTIVE) - Sponsor Memo

2015-S5768A (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S5768A

Share this bill

Sponsored By

Jack M. Martins

Archive: Last Bill Status - Stricken

Bill Amendments

2015-S5768 - Details

2015-S5768 - Summary

2015-S5768 - Sponsor Memo

2015-S5768 - Bill Text download pdf

2015-S5768A (ACTIVE) - Details

2015-S5768A (ACTIVE) - Summary

2015-S5768A (ACTIVE) - Sponsor Memo

2015-S5768A (ACTIVE) - Bill Text download pdf

Comments