S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3156
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 2, 2023
                                ___________
 
 Introduced by M. of A. JOYNER -- read once and referred to the Committee
   on Higher Education
 
 AN  ACT  to amend the education law, in relation to requiring the use of
   project labor agreements for large scale construction  projects  under
   the state university construction fund

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 370 of the education law is amended by adding a new
 subdivision 6-a to read as follows:
   6-A. "LARGE-SCALE CONSTRUCTION  PROJECT"  SHALL  MEAN  A  CONSTRUCTION
 PROJECT  PERFORMED UNDER THE APPROVED MASTER PLAN OF THE STATE UNIVERSI-
 TY; WITH RESPECT TO  UNIVERSITY-RELATED  ECONOMIC  DEVELOPMENT  PROJECTS
 AUTHORIZED  BY  LAW  PURSUANT  TO SECTION THREE HUNDRED SEVENTY-TWO-A OF
 THIS ARTICLE INVOLVING THE  CONSTRUCTION,  ACQUISITION,  RECONSTRUCTION,
 REHABILITATION  OR  IMPROVEMENT  OF  ACADEMIC BUILDINGS, DORMITORIES AND
 OTHER FACILITIES FOR WHICH THE TOTAL ESTIMATED COST OF THE  CONSTRUCTION
 CONTRACT OR CONTRACTS TO THE FUND IS FIVE MILLION DOLLARS OR MORE.
   §  2.  Section  376  of  the  education law is amended by adding a new
 subdivision 11 to read as follows:
   11.  (A)  EACH  CONTRACT  INVOLVING  THE  AWARDING  OF  A  LARGE-SCALE
 CONSTRUCTION PROJECT SHALL REQUIRE THE USE OF A PROJECT LABOR AGREEMENT,
 AS  DEFINED  IN SUBDIVISION ONE OF SECTION TWO HUNDRED TWENTY-TWO OF THE
 LABOR LAW, FOR ALL CONTRACTORS AND SUBCONTRACTORS ON THE PROJECT, UNLESS
 AN EXCEPTION APPLIES AS SET FORTH IN PARAGRAPH (B) OF THIS SUBDIVISION.
   (B) THE FUND MAY GRANT AN EXCEPTION  FROM  THE  REQUIREMENTS  OF  THIS
 SUBDIVISION  BY PROVIDING A SPECIFIC WRITTEN EXPLANATION OF WHY AT LEAST
 ONE OF THE FOLLOWING CONDITIONS EXISTS WITH RESPECT  TO  THE  PARTICULAR
 CONTRACT:
   (I)  REQUIRING  A  PROJECT  LABOR  AGREEMENT  ON THE PROJECT WOULD NOT
 ADVANCE THE FUND'S INTERESTS IN ACHIEVING ECONOMY AND EFFICIENCY IN FUND
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06964-01-3
 A. 3156                             2
              

 
 PROCUREMENT. THE EXCEPTION SHALL BE BASED ON ONE OR MORE OF THE  FOLLOW-
 ING FACTORS:
   (A) THE PROJECT IS OF SHORT DURATION AND LACKS OPERATIONAL COMPLEXITY;
   (B) THE PROJECT WILL INVOLVE ONLY ONE CRAFT OR TRADE;
   (C)  THE  PROJECT  WILL  INVOLVE SPECIALIZED CONSTRUCTION WORK THAT IS
 AVAILABLE FROM ONLY A LIMITED NUMBER OF CONTRACTORS  OR  SUBCONTRACTORS;
 OR
   (D)  THE FUND'S NEED FOR THE PROJECT IS OF SUCH AN UNUSUAL AND COMPEL-
 LING URGENCY THAT A PROJECT LABOR AGREEMENT WOULD BE IMPRACTICABLE;
   (II) MARKET RESEARCH INDICATES THAT REQUIRING A PROJECT  LABOR  AGREE-
 MENT  ON  THE PROJECT WOULD SUBSTANTIALLY REDUCE THE NUMBER OF POTENTIAL
 OFFERORS TO SUCH A DEGREE  THAT  ADEQUATE  COMPETITION  AT  A  FAIR  AND
 REASONABLE  PRICE  COULD NOT BE ACHIEVED, HOWEVER, A LIKELY REDUCTION IN
 THE NUMBER OF POTENTIAL OFFERORS IS NOT, BY ITSELF, SUFFICIENT TO EXCEPT
 A CONTRACT FROM COVERAGE UNDER THIS SECTION UNLESS IT  IS  COUPLED  WITH
 THE  FINDING THAT THE REDUCTION WOULD NOT ALLOW FOR ADEQUATE COMPETITION
 AT A FAIR AND REASONABLE PRICE; OR
   (III) REQUIRING A PROJECT LABOR AGREEMENT ON THE PROJECT WOULD  OTHER-
 WISE  BE INCONSISTENT WITH STATUTES, RULES, OR REGULATIONS APPLICABLE TO
 THE FUND.
   (IV) WHEN DETERMINING WHETHER THE EXCEPTION IN  SUBPARAGRAPH  (II)  OF
 THIS  PARAGRAPH  APPLIES,  THE FUND SHALL CONSIDER CURRENT MARKET CONDI-
 TIONS AND THE EXTENT TO WHICH PRICE FLUCTUATIONS MAY BE ATTRIBUTABLE  TO
 FACTORS OTHER THAN THE REQUIREMENT FOR A PROJECT LABOR AGREEMENT SUCH AS
 COSTS OF LABOR OR MATERIALS, OR SUPPLY CHAIN COSTS. THE FUND MAY RELY ON
 PRICE   ANALYSIS   CONDUCTED   ON   RECENT   COMPETITIVE  PROPOSALS  FOR
 CONSTRUCTION PROJECTS OF A SIMILAR SIZE AND  SCOPE  WHEN  EVALUATING  AN
 EXCEPTION.
   (V)  ANY  EXCEPTION  TO  THE  APPLICATION OF THIS SUBDIVISION SHALL BE
 GRANTED FOR A PARTICULAR PROJECT CONTRACT BY THE SOLICITATION DATE.
   (C) AN AGENCY MAY REQUIRE THE USE OF  A  PROJECT  LABOR  AGREEMENT  ON
 CONSTRUCTION PROJECTS WHERE THE TOTAL COST TO THE FUND IS LESS THAN THAT
 FOR A LARGE-SCALE CONSTRUCTION PROJECT, IF APPROPRIATE.
   (D)  THE  FUND,  IF APPROPRIATE, MAY REQUIRE THAT EVERY CONTRACTOR AND
 SUBCONTRACTOR ENGAGED IN CONSTRUCTION ON THE  PROJECT  AGREE,  FOR  THAT
 PROJECT,  TO  NEGOTIATE  OR  BECOME A PARTY TO A PROJECT LABOR AGREEMENT
 WITH ONE OR MORE LABOR ORGANIZATIONS IF THE FUND DECIDES THAT THE USE OF
 PROJECT LABOR AGREEMENTS WILL:
   (I) ADVANCE THE FUND'S INTEREST IN ACHIEVING ECONOMY AND EFFICIENCY IN
 PROCUREMENT, PRODUCING LABOR-MANAGEMENT STABILITY, AND ENSURING  COMPLI-
 ANCE  WITH  LAWS  AND  REGULATIONS  GOVERNING  SAFETY  AND HEALTH, EQUAL
 EMPLOYMENT  OPPORTUNITY,  LABOR  AND  EMPLOYMENT  STANDARDS,  AND  OTHER
 MATTERS; AND
   (II) BE CONSISTENT WITH LAW.
   (E)  THE  FUND  MAY CONSIDER THE FOLLOWING FACTORS IN DECIDING WHETHER
 THE USE OF A PROJECT LABOR AGREEMENT IS APPROPRIATE FOR  A  CONSTRUCTION
 PROJECT  WHERE THE TOTAL COST TO THE FUND IS LESS THAN THAT FOR A LARGE-
 SCALE CONSTRUCTION PROJECT:
   (I) THE PROJECT WILL REQUIRE MULTIPLE CONSTRUCTION CONTRACTORS  AND/OR
 SUBCONTRACTORS EMPLOYING WORKERS IN MULTIPLE CRAFTS OR TRADES;
   (II)  THERE  IS A SHORTAGE OF SKILLED LABOR IN THE REGION IN WHICH THE
 CONSTRUCTION PROJECT WILL BE SITED;
   (III) COMPLETION OF THE PROJECT WILL REQUIRE  AN  EXTENDED  PERIOD  OF
 TIME;
 A. 3156                             3
 
   (IV)  PROJECT  LABOR  AGREEMENTS HAVE BEEN USED ON COMPARABLE PROJECTS
 UNDERTAKEN BY FEDERAL, STATE, MUNICIPAL,  OR  PRIVATE  ENTITIES  IN  THE
 GEOGRAPHIC AREA OF THE PROJECT;
   (V)  A  PROJECT  LABOR  AGREEMENT  WILL  PROMOTE  THE FUND'S LONG TERM
 PROGRAM INTERESTS, SUCH AS FACILITATING THE TRAINING OF A SKILLED  WORK-
 FORCE TO MEET THE AGENCY'S FUTURE CONSTRUCTION NEEDS; AND
   (VI) ANY OTHER FACTORS THAT THE FUND DETERMINES ARE APPROPRIATE.
   §  3.  This  act shall take effect on the ninetieth day after it shall
 have become a law  and  shall  apply  to  all  contracts  entered  into,
 renewed, modified or amended on or after such date.