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;
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(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.