S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3561--A
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             February 8, 2019
                                ___________
 
 Introduced  by  Sen. KENNEDY -- read twice and ordered printed, and when
   printed to be committed to  the  Committee  on  Finance  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 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 AND/OR ACCREDITATION, INCLUDING BUT NOT LIMITED
 TO  AN  ACCREDITATION  PROVIDED  BY  THE  NACE  INTERNATIONAL  INSTITUTE
 CONTRACTOR  ACCREDITATION PROGRAM (NIICAP) AS-1 "FIELD AND/OR SHOP COAT-
 ING ACCREDITATION".
   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
 AN ACCREDITATION PROVIDED BY THE NACE INTERNATIONAL INSTITUTE CONTRACTOR
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD00400-02-9

 S. 3561--A                          2
 
 ACCREDITATION PROGRAM (NIICAP) AS-2 "HAZARDOUS WASTE REMOVAL AND REMEDI-
 ATION ACCREDITATION".
   C.  CONTRACTORS  AND SUBCONTRACTORS SHALL BE REQUIRED TO HAVE AT LEAST
 TWO COATINGS APPLICATION SPECIALIST LEVEL II OR CERTIFIED COATING APPLI-
 CATOR SPECIALIST, SSPC ACS-1/NACE 13 CERTIFIED 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  ADDI-
 TIONAL  COATINGS  APPLICATION  SPECIALIST LEVEL II OR CERTIFIED COUNTING
 APPLICATOR SPECIALIST 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.