NY State Senate Bill 2019-S1948

Senate Bill S1948

2019-2020 Legislative Session

Relates to requiring certain financially assisted development projects in a city with a population of one million or more to be subject to certain prevailing wage requirements

download bill text pdf

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

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 18, 2019	recommit, enacting clause stricken
Jan 17, 2019	referred to labor

2019-S1948 (ACTIVE) - Details

Law Section:: Labor Law
Laws Affected:: Amd §220, Lab L

2019-S1948 (ACTIVE) - Summary

Relates to requiring certain financially assisted development projects in a city with a population of one million or more to be subject to certain prevailing wage requirements.

2019-S1948 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S1948

SPONSOR: RAMOS
 
TITLE OF BILL:

An act to amend the labor law, in relation to requiring certain finan-
cially assisted development projects in a city with a population of one
million or more to be subject to certain prevailing wage requirements

 
PURPOSE OR GENERAL IDEA OF BILL:

The purpose of this bill is to ensure that financially assisted develop-
ment projects in New York City are subject to Section 220 of the Labor
Law, including requirements for prevailing wage.

 
SUMMARY OF PROVISIONS:

Section 1 of the bill would amend section 220 of the New York State
Labor Law to define covered projects in New York City and ensure that
such projects are subject to requirements for the payment of prevailing
wage.

Section 2 would establish the effective date.

 
JUSTIFICATION:

This bill would require certain public benefit corporations, local
development corporations and other economic development entities that
provide or administer public financial assistance to be covered by
prevailing wage requirements under the New York State Labor Law. This
would include third parties acting on behalf of these economic develop-
ment entities. The New York State Constitution requires that prevailing
wage be paid to workers on public work projects, so as not to undermine
the cost of local labor. Unfortunately, too many employers avoid paying
their workers prevailing wage because the financing on these projects
comes in many different forms and through a myriad of quasi-public enti-
ties. This bill would ensure that, in such cases, such entities that
seek to secure public financing and achieve operational flexibility are
not able to circumvent the constitutional requirement of prevailing
wages.

 
PRIOR LEGISLATIVE HISTORY:

This is a new bill.

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2019-S1948 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1948
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             January 17, 2019
                                ___________
 
 Introduced  by  Sen.  RAMOS  -- 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 requiring  certain  finan-
   cially  assisted  development  projects in a city with a population of
   one million or more to be subject to certain prevailing wage  require-
   ments

   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 INCONSISTENT PROVISION OF THIS CHAPTER OR OF
 ANY OTHER GENERAL, SPECIAL OR LOCAL LAW, ORDINANCE, CHARTER, ADMINISTRA-
 TIVE CODE, OR JUDICIAL  DECISION  TO  THE  CONTRARY,  CONSTRUCTION  WORK
 PERFORMED  BY  A COVERED DEVELOPER ON A FINANCIALLY ASSISTED DEVELOPMENT
 PROJECT SHALL BE SUBJECT TO THIS SECTION WITH RESPECT TO LABORERS, WORK-
 ERS AND MECHANICS COVERED  UNDER  THIS  SECTION  PERFORMING  WORK  ON  A
 COVERED DEVELOPMENT PROJECT.
   (A)  DEFINITIONS.  FOR  PURPOSES  OF THIS SECTION, THE FOLLOWING TERMS
 SHALL HAVE THE FOLLOWING MEANINGS:
   (I) "CITY" MEANS A CITY WITH A POPULATION OF ONE MILLION OR MORE.
   (II) "FINANCIALLY ASSISTED DEVELOPMENT PROJECT" MEANS A PROJECT  IN  A
 CITY  WITH  A  POPULATION  OF  ONE MILLION OR MORE, UNDERTAKEN, PLANNED,
 OVERSEEN, OR FINANCED BY A PUBLIC BENEFIT CORPORATION OR LOCAL  DEVELOP-
 MENT  CORPORATION  AS  DEFINED  IN SUBDIVISION EIGHT OF SECTION EIGHTEEN
 HUNDRED ONE OF THE PUBLIC AUTHORITIES LAW OR  SECTION  FOURTEEN  HUNDRED
 ELEVEN OF THE NOT-FOR-PROFIT CORPORATION LAW, OR OTHER ECONOMIC DEVELOP-
 MENT  ENTITY THAT PROVIDES OR ADMINISTERS ECONOMIC DEVELOPMENT BENEFITS,
 OR A THIRD PARTY ON BEHALF OF SUCH ECONOMIC DEVELOPMENT ENTITY, FOR  THE
 PURPOSE OF IMPROVEMENT OR DEVELOPMENT AND/OR REDEVELOPMENT OF REAL PROP-
 ERTY,  ECONOMIC  DEVELOPMENT,  JOB RETENTION OR GROWTH, OR OTHER SIMILAR
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07845-02-9

 S. 1948                             2
 
 PURPOSES, AND WHERE THE DEVELOPMENT PROJECT IS NOT COVERED BY A  PROJECT
 LABOR AGREEMENT AND:
   (1)  IS  EXPECTED TO BE LARGER THAN ONE MILLION SQUARE FEET, OR LARGER
 THAN A TOTAL OF THREE  HUNDRED  RESIDENTIAL  UNITS  AGGREGATED  FOR  THE
 ENTIRE DEVELOPMENT PROJECT; OR
   (2) HAS RECEIVED OR IS EXPECTED TO RECEIVE FINANCIAL ASSISTANCE FROM A
 PUBLIC ENTITY VALUED AT FIFTEEN MILLION DOLLARS OR MORE, AGGREGATED FROM
 ALL PUBLIC SOURCES; OR
   (3)  IS  DEVELOPED ON, OR WILL BE SITUATED, BUILT, ERECTED, OR USED ON
 PROPERTY, OWNED, MAINTAINED, OR LEASED BY OR TO A PUBLIC ENTITY;  OR  IS
 SUBJECT  TO  A  PUBLIC ENTITY'S SALE OF AIR RIGHTS, OR SUBJECT TO PUBLIC
 ENTITY PLANNING AND APPROVAL OF CONSTRUCTION CONTRACTS.
   PROVIDED HOWEVER, FINANCIALLY ASSISTED DEVELOPMENT PROJECTS SHALL  NOT
 INCLUDE  PROJECTS APPROVED OR MANAGED UNDER THE URBAN DEVELOPMENT CORPO-
 RATION ACT.
   (III) "COVERED DEVELOPER" MEANS ANY PERSON OR ENTITY RECEIVING  FINAN-
 CIAL  ASSISTANCE  IN  RELATION  TO  A  FINANCIALLY  ASSISTED DEVELOPMENT
 PROJECT, OR ANY PERSON OR ENTITY THAT CONTRACTS OR SUBCONTRACTS  WITH  A
 PERSON  OR ENTITY RECEIVING FINANCIAL ASSISTANCE IN RELATION TO A FINAN-
 CIALLY ASSISTED DEVELOPMENT PROJECT TO PERFORM CONSTRUCTION WORK ON  THE
 FINANCIALLY  ASSISTED  DEVELOPMENT PROJECT, OR ANY ASSIGNEE OR SUCCESSOR
 IN INTEREST OF REAL PROPERTY THAT QUALIFIES AS  A  FINANCIALLY  ASSISTED
 DEVELOPMENT PROJECT. COVERED DEVELOPER EXCLUDES PUBLIC ENTITIES. COVERED
 DEVELOPER  SHALL ALSO NOT INCLUDE ANY PRIVATE NOT-FOR-PROFIT CORPORATION
 FOR WHICH BONDS OR NOTES ARE  ISSUED  PURSUANT  TO  TITLES  FOUR  AND/OR
 FOUR-B  OF  ARTICLE  EIGHT OF THE PUBLIC AUTHORITIES LAW, OR PURSUANT TO
 THE NEW YORK STATE MEDICAL CARE FACILITIES FINANCE AGENCY ACT.
   (IV) "FINANCIAL ASSISTANCE" IS DEFINED AS:
   (1) THE PAYMENT OF MONEY, INCLUDING THE ISSUANCE OF BONDS,  (EXCLUDING
 SUCH BONDS OR NOTES ISSUED FOR THE BENEFIT OF ANY PRIVATE NOT-FOR-PROFIT
 CORPORATION  PURSUANT  TO  TITLES FOUR AND/OR FOUR-B OF ARTICLE EIGHT OF
 THE PUBLIC AUTHORITIES LAW OR BONDS AND NOTES ISSUED PURSUANT TO THE NEW
 YORK STATE MEDICAL CARE FACILITIES FINANCE AGENCY ACT) AND GRANTS  BY  A
 PUBLIC  ENTITY OR A THIRD PARTY ACTING IN PLACE OF, ON BEHALF OF AND FOR
 THE BENEFIT OF SUCH PUBLIC ENTITY, DIRECTLY OR INDIRECTLY TO THE  DEVEL-
 OPER  OF  THE DEVELOPMENT PROJECT, OR ON BEHALF OF OR FOR THE BENEFIT OF
 THE DEVELOPER; AND/OR
   (2) PERFORMANCE OR FINANCING OF CONSTRUCTION WORK BY ANY PUBLIC ENTITY
 IN  FURTHERANCE  OF  THE  DEVELOPMENT  PROJECT,  OR  FOR  INFRASTRUCTURE
 ENHANCEMENTS FOR THE BENEFIT OF THE DEVELOPMENT PROJECT, IN ANY CASE FOR
 WHICH  THE  STATE OR CITY IS PRIMARILY RESPONSIBLE FOR PAYMENT OR REPAY-
 MENT; AND/OR
   (3) FEES, COSTS, RENTS, LEASE,  INSURANCE  OR  BOND  PREMIUMS,  LOANS,
 INTEREST  RATES  ON  FINANCINGS FOR WHICH THE STATE OR CITY IS PRIMARILY
 RESPONSIBLE FOR  REPAYMENT,  TAXES,  OR  OTHER  OBLIGATIONS  THAT  WOULD
 NORMALLY  BE  REQUIRED  IN THE EXECUTION OF THE PROJECT, ATTRIBUTABLE TO
 THE DEVELOPMENT PROJECT AND CONSTITUTING A CAPITAL WORK  OR  PURPOSE  AS
 DEFINED  IN  SUBPARAGRAPH  FOUR  OF  SECTION  SIXTY-SEVEN-A OF THE STATE
 FINANCE LAW, TO THE EXTENT THAT SUCH FEES ARE PAID, REDUCED, CHARGED  AT
 LESS  THAN  FAIR  MARKET  VALUE, WAIVED, OR FORGIVEN BY A PUBLIC ENTITY;
 AND/OR
   (4) MONEY LOANED BY A PUBLIC ENTITY THAT IS TO BE REPAID ON A  CONTIN-
 GENT BASIS.
   (V)  "PROJECT  LABOR AGREEMENT" MEANS A PRE-HIRE COLLECTIVE BARGAINING
 AGREEMENT BETWEEN A COVERED DEVELOPER  AND  A  LABOR  ORGANIZATION  THAT
 REPRESENTS THE INTERESTS OF ALL CLASSIFICATIONS OF LABORERS, WORKERS AND

 S. 1948                             3
 
 MECHANICS  AS  SET  FORTH IN THIS SECTION THAT ESTABLISHES THE TERMS AND
 CONDITIONS OF EMPLOYMENT FOR THE DEVELOPMENT PROJECT.
   (VI)  "PUBLIC  ENTITY"  MEANS  THE STATE OR A MUNICIPAL CORPORATION OR
 POLITICAL SUBDIVISION OR AGENCY OF EITHER, A PUBLIC BENEFIT CORPORATION,
 PUBLIC AUTHORITY, ECONOMIC DEVELOPMENT  CORPORATION,  LOCAL  DEVELOPMENT
 CORPORATION OR COMMISSION, ESTABLISHED PURSUANT TO LAW.
   (B)  PREVAILING  WAGE  IN  FINANCIALLY  ASSISTED  DEVELOPMENT PROJECTS
 REQUIRED. (I) COVERED DEVELOPERS SHALL BE REQUIRED TO COMPLY  WITH  THIS
 SECTION  IN  ALL  RESPECTS  FOR  ALL  FINANCIALLY  ASSISTED  DEVELOPMENT
 PROJECTS, INCLUDING, BUT NOT LIMITED TO:
   (1) ENSURING THAT ALL WORKERS  PERFORMING  CONSTRUCTION  WORK  ON  THE
 DEVELOPMENT PROJECT ARE PAID NO LESS THAN THE PREVAILING WAGE; AND
   (2)  ENSURING  THAT ALL CONTRACTORS AND SUBCONTRACTORS PERFORMING WORK
 ON THE DEVELOPMENT PROJECT SHALL COMPLY WITH THIS SECTION; AND
   (3) EACH COVERED DEVELOPER SHALL MAINTAIN ORIGINAL PAYROLL RECORDS FOR
 EACH COVERED WORKER REFLECTING THE DAYS AND HOURS WORKED, AND THE  WAGES
 PAID  AND BENEFITS PROVIDED FOR SUCH HOURS WORKED, AND SHALL RETAIN SUCH
 RECORDS FOR AT LEAST SIX YEARS AFTER THE CONSTRUCTION WORK IS PERFORMED.
 THE COVERED DEVELOPER MAY SATISFY THIS REQUIREMENT BY  OBTAINING  COPIES
 OF RECORDS FROM THE EMPLOYER OR EMPLOYERS OF SUCH COVERED WORKERS. FAIL-
 URE  TO  MAINTAIN  SUCH  RECORDS  AS  REQUIRED SHALL CREATE A REBUTTABLE
 PRESUMPTION THAT THE COVERED WORKERS WERE NOT PAID THE WAGES  AND  BENE-
 FITS  REQUIRED  UNDER THIS SECTION. UPON THE REQUEST OF THE FISCAL OFFI-
 CER, THE COVERED DEVELOPER SHALL PROVIDE A  CERTIFIED  ORIGINAL  PAYROLL
 RECORD.
   (II)  A  COVERED DEVELOPER ON A FINANCIALLY ASSISTED PROJECT RECEIVING
 OR EXPECTING TO RECEIVE FINANCIAL ASSISTANCE VALUED AT LESS THAN FIFTEEN
 MILLION DOLLARS AGGREGATED FROM ALL PUBLIC SOURCES, AND A TOTAL  OF  ALL
 RESIDENTIAL  UNITS  OF THREE HUNDRED UNITS OR LESS, INCLUDING AFFORDABLE
 AND NON-AFFORDABLE UNITS, MAY APPLY TO THE DIRECTOR OF THE  DIVISION  OF
 BUDGET  FOR  AN  EXEMPTION  FROM  THE  REQUIREMENTS OF THIS SUBDIVISION.
 COVERED DEVELOPMENT PROJECTS WITH A  TOTAL  OF  RESIDENTIAL  UNITS  OVER
 THREE  HUNDRED  ARE  NOT  ELIGIBLE FOR AN EXEMPTION. THE DIRECTOR OF THE
 DIVISION OF BUDGET MAY,  UPON  CONSULTATION  WITH  THE  COMMISSIONER  OF
 LABOR,  TAKE  INTO CONSIDERATION THE NATURE AND TYPE OF DEVELOPMENT, THE
 FUNDING ESTIMATED FOR THE PROJECT, THE COMPLEXITY  OF  THE  WORK  TO  BE
 PERFORMED,  THE  EXISTENCE  OF  APPRENTICESHIP  AND/OR  SAFETY  TRAINING
 PROGRAMS IN THE AREA AND THEIR RELATION TO THE  PROJECT,  THE  SIZE  AND
 COMPOSITION  OF  THE  LABOR  POOL AND UNEMPLOYMENT RATE IN THE AREA, AND
 OTHER FACTORS DEEMED RELEVANT BY THE  COMMISSIONER  IN  DETERMINING  THE
 APPLICATION  FOR  AN  EXEMPTION.  IN  THE EVENT THE FINANCIAL ASSISTANCE
 AWARDED  THE  DEVELOPMENT  PROJECT  ULTIMATELY  EXCEEDS  THIRTY  MILLION
 DOLLARS,  THE  DIRECTOR  OF  THE  DIVISION  OF  BUDGET  MAY WITHDRAW THE
 EXEMPTION FOR THE REMAINDER OF THE DEVELOPMENT PROJECT.
   (III) ANY PERSON CLAIMING TO BE  AGGRIEVED  BY  A  VIOLATION  OF  THIS
 SECTION  SHALL  HAVE  A CAUSE OF ACTION AGAINST THE COVERED DEVELOPER IN
 ANY COURT OF COMPETENT  JURISDICTION  FOR  DAMAGES,  INCLUDING  PUNITIVE
 DAMAGES,  AND  FOR  INJUNCTIVE  RELIEF AND SUCH OTHER REMEDIES AS MAY BE
 APPROPRIATE. IN AN ACTION BROUGHT BY A  COVERED  WORKER,  IF  THE  COURT
 FINDS IN FAVOR OF THE COVERED WORKER, IT SHALL AWARD THE COVERED WORKER,
 IN  ADDITION  TO  OTHER  RELIEF,  HIS/HER REASONABLE ATTORNEYS' FEES AND
 COSTS.
   (1) A CIVIL ACTION COMMENCED UNDER THIS SECTION SHALL BE COMMENCED  IN
 ACCORDANCE WITH THE CIVIL PRACTICE LAW AND RULES.

 S. 1948                             4
 
   (2) NO PROCEDURE OR REMEDY SET FORTH IN THIS SECTION IS INTENDED TO BE
 EXCLUSIVE  OR A PREREQUISITE FOR ASSERTING A CLAIM FOR RELIEF TO ENFORCE
 ANY RIGHTS IN A COURT OF LAW.
   (3) IN THE EVENT THAT ANY REQUIREMENT OR PROVISION OF THIS SECTION, OR
 ITS APPLICATION TO ANY PERSON OR CIRCUMSTANCE, SHOULD BE HELD INVALID OR
 UNENFORCEABLE BY ANY COURT OF COMPETENT JURISDICTION, SUCH HOLDING SHALL
 NOT  INVALIDATE  OR  RENDER  UNENFORCEABLE  ANY  OTHER  REQUIREMENTS  OR
 PROVISIONS OF THIS SECTION, OR THE APPLICATION  OF  THE  REQUIREMENT  OR
 PROVISION HELD UNENFORCEABLE TO ANY OTHER PERSON OR CIRCUMSTANCE.
   §  2. This act shall take effect immediately and shall apply to finan-
 cially assisted development projects funded on or  after  the  effective
 date  of  this act; and shall exclude such financially assisted projects
 with contracts that have been previously awarded  as  of  the  effective
 date  of  this  act; and shall apply to the construction activities that
 commence thirty days after the effective date of this  act  on  existing
 financially assisted development projects.

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