NY State Senate Bill 2015-S3295

Archive: Last Bill Status - In Senate Committee Corporations, Authorities And Commissions Committee

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

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2016	referred to corporations, authorities and commissions
Feb 04, 2015	referred to corporations, authorities and commissions

2015-S3295 (ACTIVE) - Details

See Assembly Version of this Bill:: A4048
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
Versions Introduced in 2013-2014 Legislative Session:: S3484, A6523

2015-S3295 (ACTIVE) - Summary

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

2015-S3295 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S3295

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".

Section 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:  2013-14 - S.3484-A/A.6523 -
CORPORATIONS/Corporations

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.

2015-S3295 (ACTIVE) - Bill Text download pdf

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

                                  3295

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            February 4, 2015
                               ___________

Introduced  by  Sen.  RANZENHOFER -- read twice and ordered printed, and
  when printed to be committed to the Committee on Corporations, Author-
  ities 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 (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
THE STATE, OR (II) THE CONSTRUCTION, RECONSTRUCTION, REPAIR OR  IMPROVE-
MENT  TO  ROADS,  TOLLROADS,  HIGHWAYS, RAILWAYS, BRIDGES, TERMINALS, OR

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08096-01-5

S. 3295                             2

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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Senate Bill S3295

Sponsored By

Archive: Last Bill Status - In Senate Committee Corporations, Authorities And Commissions Committee

2015-S3295 (ACTIVE) - Details

2015-S3295 (ACTIVE) - Summary

2015-S3295 (ACTIVE) - Sponsor Memo

2015-S3295 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S3295

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Sponsored By

Michael H. Ranzenhofer

Archive: Last Bill Status - In Senate Committee Corporations, Authorities And Commissions Committee

2015-S3295 (ACTIVE) - Details

2015-S3295 (ACTIVE) - Summary

2015-S3295 (ACTIVE) - Sponsor Memo

2015-S3295 (ACTIVE) - Bill Text download pdf

Comments