Assembly Bill A11349

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   11349
 
                           I N  A S S E M B L Y
 
                            September 19, 2018
                                ___________
 
 Introduced  by COMMITTEE ON RULES -- (at request of M. of A. Wallace) --
   read once and referred to the Committee on Governmental Operations
 
 AN ACT to amend the state finance law, the highway law  and  the  public
   authorities law, in relation to certain contracts involving industrial
   painting and industrial coatings
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The state finance law is amended by adding  a  new  section
 136-d to read as follows:
   §  136-D. CONTRACTS INVOLVING INDUSTRIAL PAINTING AND INDUSTRIAL COAT-
 INGS. 1. ANY CONTRACT RECEIVING STATE FINANCIAL ASSISTANCE THAT INCLUDES
 INDUSTRIAL PAINTING  OR  INDUSTRIAL  COATING  SHALL  INCLUDE  PROVISIONS
 REGARDING CONTRACTOR, SUBCONTRACTOR AND WORKER CERTIFICATION AS FOLLOWS:
   A.  CONTRACTORS  AND  SUBCONTRACTORS  DOING  WORK INVOLVING INDUSTRIAL
 PAINTING AND INDUSTRIAL COATINGS SHALL BE CERTIFIED BY THE  SOCIETY  FOR
 PROTECTIVE COATINGS' PAINTING CONTRACTOR CERTIFICATION PROGRAM TO A QP-1
 CERTIFICATION ENTITLED "STANDARD PROCEDURE FOR EVALUATING QUALIFICATIONS
 OF PAINTING CONTRACTORS: FIELD APPLICATION TO COMPLEX STRUCTURES," OR AN
 EQUIVALENT  CERTIFICATION,  INCLUDING BUT NOT LIMITED TO A CERTIFICATION
 PROVIDED BY THE NACE INTERNATIONAL  INSTITUTE  CONTRACTOR  ACCREDITATION
 PROGRAM.
   B.  CONTRACTORS  AND  SUBCONTRACTORS  DOING  WORK INVOLVING INDUSTRIAL
 PAINTING AND INDUSTRIAL COATINGS THAT REQUIRES THE DISTURBANCE  OF  LEAD
 BASED  PAINT  OR OTHER HAZARDOUS MATERIALS SHALL BE CERTIFIED TO SOCIETY
 FOR PROTECTIVE COATINGS'  QP-2  CERTIFICATION  "STANDARD  PROCEDURE  FOR
 EVALUATING  THE QUALIFICATIONS OF PAINTING CONTRACTORS TO REMOVE HAZARD-
 OUS PAINT," OR AN EQUIVALENT CERTIFICATION, INCLUDING BUT NOT LIMITED TO
 A CERTIFICATION PROVIDED BY THE NACE INTERNATIONAL INSTITUTE  CONTRACTOR
 ACCREDITATION PROGRAM.
   C.  CONTRACTORS  AND SUBCONTRACTORS SHALL BE REQUIRED TO HAVE AT LEAST
 TWO COATINGS APPLICATION SPECIALIST LEVEL II SSPC ACS-1/NACE  13  CERTI-
 FIED CRAFT WORKERS. ONE SUCH CERTIFIED CRAFT WORKER SHALL BE REQUIRED TO
 BE  PRESENT  FOR ALL CREWS UP TO FOUR CREW MEMBERS. FOR EACH CREW LARGER
 THAN FOUR MEMBERS, AN ADDITIONAL COATINGS APPLICATION  SPECIALIST  LEVEL
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD16022-01-8

 A. 11349                            2
 
 II  SSPC  ACS-1/NACE  13 CERTIFIED CRAFT WORKER SHALL BE PRESENT ON EACH
 PAINTING OR BLASTING CREW DURING BLAST CLEANING  AND  SPRAY  APPLICATION
 OPERATIONS.
   2.  FOR THE PURPOSES OF THIS SECTION, A CREW MEMBER IS A PERSON WHO IS
 ON THE JOB PERFORMING HANDHELD NOZZLE BLAST CLEANING OR  SPRAY  APPLICA-
 TION OF PROTECTIVE COATINGS ON A STEEL STRUCTURE.
   3.  ANY  CERTIFICATIONS REQUIRED BY THIS SECTION SHALL BE KEPT CURRENT
 FOR THE DURATION OF THE CONTRACT.
   4. ANY VIOLATION OF THIS SECTION SHALL BE GROUNDS FOR CANCELLATION  OF
 THE CONTRACT.
   § 2. Section 38 of the highway law is amended by adding a new subdivi-
 sion 2-b to read as follows:
   2-B.  CONTRACTS;  INDUSTRIAL  PAINTING  AND  INDUSTRIAL  COATINGS.  IN
 REGARDS TO CONTRACTS FOR CONSTRUCTION OR IMPROVEMENT  OF  HIGHWAYS  THAT
 UTILIZE  INDUSTRIAL  PAINTING  OR  INDUSTRIAL COATINGS, THE COMMISSIONER
 SHALL CERTIFY THAT  SUCH  PROJECT  COMPLIES  WITH  THE  REQUIREMENTS  OF
 SECTION ONE HUNDRED THIRTY-SIX-D OF THE STATE FINANCE LAW.
   § 3. Subdivision 3 of section 1285-s of the public authorities law, as
 added  by  section  7  of  part  T of chapter 57 of the laws of 2017, is
 amended to read as follows:
   3. Intermunicipal water quality infrastructure projects financed  with
 state financial assistance made available pursuant to this section shall
 be  subject  to  the requirements of article eight of the labor law, the
 requirements of article seventeen-B of the executive law,  THE  REQUIRE-
 MENTS  OF  SECTION ONE HUNDRED THIRTY-SIX-D OF THE STATE FINANCE LAW and
 the requirements and provisions of all applicable minority-  and  women-
 owned  business mandates including, but not limited to article fifteen-A
 of the executive law.
   § 4. This act shall take effect immediately.