Senate Bill S8963

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8963
 
                             I N  S E N A T E
 
                                May 2, 2022
                                ___________
 
 Introduced  by  Sen. JACKSON -- 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 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
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD13465-03-2
 S. 8963                             2
 
 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.