S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3923
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 29, 2021
                                ___________
 
 Introduced  by M. of A. SALKA -- read once and referred to the Committee
   on Labor
 
 AN ACT to amend the labor law, in relation to eliminating  the  delivery
   of  fossil  fuel from those building services for which municipalities
   are required to pay prevailing wage
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivision 1 of section 230 of the labor law, as amended
 by chapter 387 of the laws of 2020, is amended to read as follows:
   1. "Building service employee" or "service employee" means any  person
 performing  work in connection with the care or maintenance of an exist-
 ing building, or in connection with the transportation of office  furni-
 ture  or  equipment to or from such building, [or in connection with the
 transportation and delivery of fossil fuel  to  such  building,]  for  a
 contractor  under  a contract with a public agency which is in excess of
 one thousand five hundred dollars and the principal purpose of which  is
 to furnish services through the use of building service employees.
   "Building service employee" or "service employee" includes, but is not
 limited,  to, watchman, guard, doorman, building cleaner, porter, handy-
 man, janitor,  gardener,  groundskeeper,  stationary  fireman,  elevator
 operator  and  starter,  window cleaner, and occupations relating to the
 collection of garbage or refuse, and to  the  transportation  of  office
 furniture  and  equipment,  [and  to  the transportation and delivery of
 fossil fuel] but does not include clerical, sales, professional, techni-
 cian and related occupations.
   "Building service  employee"  or  "service  employee"  also  does  not
 include  any  employee  to  whom  the  provisions  of articles eight and
 [eight-a] EIGHT-A of this chapter are applicable.
   § 2. This act shall take effect immediately.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07897-01-1