Senate Bill S8003

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8003
 
                             I N  S E N A T E
 
                               March 9, 2020
                                ___________
 
 Introduced by Sen. SEPULVEDA -- 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 project labor agreement
   feasibility studies and apprenticeship agreements
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Subdivision 2 of section 222 of the labor law is amended by
 adding a new paragraph (f) to read as follows:
   (F)  (I) WHERE ANY CONTRACT AS DEFINED BY THIS SECTION SEEKS TO ENGAGE
 A PROJECT LABOR AGREEMENT AS DEFINED IN SUBDIVISION ONE OF THIS SECTION,
 A FEASIBILITY STUDY MUST BE CONDUCTED FIRST TO  DETERMINE  WHETHER  SUCH
 PROJECT  LABOR AGREEMENT WILL FURTHER ITS INTEREST IN OBTAINING THE BEST
 WORK AT THE LOWEST POSSIBLE  PRICE,  PREVENTING  FAVORITISM,  FRAUD  AND
 CORRUPTION. THE FEASIBILITY STUDY SHALL TAKE INTO ACCOUNT THE IMPACT THE
 PROJECT  LABOR  AGREEMENT  WILL  HAVE  ON COMPETITION AND THE IMPACT THE
 PROJECT LABOR AGREEMENT WILL HAVE ON OPPORTUNITIES FOR  MINORITY,  WOMEN
 AND SERVICE-DISABLED VETERAN OWNED BUSINESS ENTERPRISES.
   (II)  SUCH FEASIBILITY STUDY SHALL, IN ITS ENTIRETY AND UNREDACTED, BE
 PROVIDED TO THE PUBLIC FOR REVIEW AND COMMENT PRIOR TO INCLUSION IN  ANY
 BIDDING  AND  CONTRACT  DOCUMENTS.  WHERE,  TAKING  THOSE  FACTORS  INTO
 ACCOUNT, THE FEASIBILITY STUDY CONCLUDES THERE IS NO  NET  ADVANTAGE  TO
 THE  PUBLIC OR THAT THERE WILL BE A NEGATIVE IMPACT ON OPPORTUNITIES FOR
 MINORITY, WOMEN OR SERVICE-DISABLED VETERAN OWNED BUSINESS  ENTERPRISES,
 SUCH PROJECT LABOR AGREEMENT SHALL NOT BE AUTHORIZED.
   §  2. Section 2 of section 816-b of the labor law, as added by chapter
 571 of the laws of 2001, is amended to read as follows:
   2. Notwithstanding any other provision of this article, of section one
 hundred three of the general municipal law, of section one hundred thir-
 ty-five of the state finance law, of section one  hundred  fifty-one  of
 the public housing law, or of any other general, special or local law or
 administrative  code,  in  entering  into  any  construction contract, a
 governmental entity which is to be a direct or indirect  party  to  such
 contract may require that any contractors and subcontractors have, prior
 to  entering  into  such contract, apprenticeship agreements appropriate
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD15411-01-0

 S. 8003                             2
 
 for the type and scope of work to be performed, that  have  been  regis-
 tered  with,  and approved by, the commissioner pursuant to the require-
 ments found in this article. Whenever utilizing  this  requirement,  the
 governmental  entity  may,  in  addition  to whatever considerations are
 required by law, consider the degree to which  career  opportunities  in
 apprenticeship  training  programs  approved  by the commissioner may be
 provided. PRIOR TO REQUIRING ANY CONTRACTORS AND SUBCONTRACTORS TO HAVE,
 PRIOR TO ENTERING INTO ANY CONSTRUCTION CONTRACT, APPRENTICESHIP  AGREE-
 MENTS  AS  DEFINED IN SECTION EIGHT HUNDRED SIXTEEN OF THIS ARTICLE, THE
 GOVERNMENT ENTITY MUST CONDUCT AN ANALYSIS OF THE IMPACT SUCH A REQUIRE-
 MENT WOULD HAVE ON COMPETITION AND ON OPPORTUNITIES FOR MINORITY,  WOMEN
 AND SERVICE-DISABLED VETERAN OWNED BUSINESS ENTERPRISES. SUCH UNREDACTED
 COMPLETE ANALYSIS SHALL BE PROVIDED TO THE PUBLIC FOR REVIEW AND COMMENT
 PRIOR TO IMPLEMENTATION.
   § 3. This act shall take effect immediately.