S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5517
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                               March 9, 2021
                                ___________
 
 Introduced  by  Sen. KENNEDY -- read twice and ordered printed, and when
   printed to be committed to the Committee on Procurement and Contracts
 
 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
 ACCREDITATION PROGRAM (NIICAP) AS-2 "HAZARDOUS WASTE REMOVAL AND REMEDI-
 ATION ACCREDITATION".
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD02203-01-1

 S. 5517                             2
 
   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.