S T A T E O F N E W Y O R K
________________________________________________________________________
8494--A
2021-2022 Regular Sessions
I N A S S E M B L Y
November 17, 2021
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Introduced by M. of A. BRONSON -- read once and referred to the Commit-
tee on Labor -- recommitted to the Committee on Labor in accordance
with Assembly Rule 3, sec. 2 -- committee discharged, bill amended,
ordered reprinted as amended and recommitted to said committee
AN ACT to amend the labor law, in relation to inclusion of certain off-
site custom fabrication as public work for the purposes of payment of
prevailing wage
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Legislative findings and intent. The legislature finds and
declares that the prevailing wage law was established to provide fair
and equitable working conditions, wages and supplementary benefits for
persons employed on public works construction projects.
The legislature further finds and declares that there are growing
number of instances where materials are fabricated off the public work
job site either to meet the unique specifications of the project subject
to a public work contract or for the contractor's convenience.
The legislature further finds and declares that in many instances the
prevailing wage is not paid to persons involved in off-site fabrication
of materials which are used specifically for public works projects.
It is the intent of the legislature that construction and fabrication
done off the public work site for specific use only in public work
projects be compensated at the prevailing wage rate.
§ 2. Subdivision 3 of section 220 of the labor law is amended by
adding a new paragraph (f) to read as follows:
(F) FOR THE PURPOSES OF THIS SUBDIVISION CONTRACTORS OR SUBCONTRACTORS
ENGAGED IN CUSTOM FABRICATION SHALL NOT BE REGARDED AS MATERIAL SUPPLI-
ERS. FOR THE PURPOSES OF THIS SUBDIVISION, A LEGAL DAY'S WORK FOR WHICH
THE PREVAILING RATE OF WAGES SHALL BE PAID TO LABORERS, WORKERS AND
MECHANICS SHALL INCLUDE CUSTOM FABRICATION WHETHER OR NOT THE CUSTOM
FABRICATION IS DONE ON THE PUBLIC WORK SITE. IT SHALL BE A CONDITION OF
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13465-02-2
A. 8494--A 2
THE CONTRACT CONCERNING SUCH OFF-SITE CUSTOM FABRICATION WORK THAT THE
CONTRACTOR OR EMPLOYER AWARDED THE PUBLIC WORK CONTRACT SHALL COVENANT
TO PAY THE ON-SITE PREVAILING WAGE OF THE PUBLIC WORK PROJECT. EACH
CONTRACTOR WHO EMPLOYS WORKERS OFF-SITE ON A PUBLIC WORK PROJECT SHALL
MAINTAIN CERTIFIED PAYROLLS AND PROVIDE SUCH PAYROLLS, WITH ORIGINAL
CERTIFICATIONS, TO THE CONTRACTING AGENCY AT LEAST ONCE EVERY THIRTY
DAYS. FOR THE PURPOSES OF THIS SUBDIVISION THE TERM "CUSTOM FABRI-
CATION" SHALL INCLUDE, BUT NOT BE LIMITED TO, THE FABRICATION OF EXTERI-
OR OR INTERIOR WALL PANEL SYSTEMS, THE FABRICATION OF WOODWORK, CASES,
CABINETS OR COUNTERS AND THE FABRICATION OF ELECTRICAL, PLUMBING, HEAT-
ING, COOLING, VENTILATION OR EXHAUST DUCT SYSTEMS, AND MECHANICAL INSU-
LATION SOLELY AND SPECIFICALLY DESIGNED AND ENGINEERED FOR INSTALLATION
IN THE CONSTRUCTION, REPAIR OR RENOVATION OF A BUILDING WHICH IS THE
SUBJECT OF A CONTRACT TO WHICH THE STATE, A MUNICIPAL CORPORATION, A
PUBLIC BENEFIT CORPORATION OR A COMMISSION APPOINTED PURSUANT TO LAW IS
A PARTY.
§ 3. This act shall take effect on the sixtieth day after it shall
have become a law and shall apply only to those contracts put out to bid
on or after such effective date.