Relates to requiring the use of project labor agreements for large scale construction projects under the state university construction fund; provides an exception to such requirement may be granted; provides that the fund may require every contractor become party to a project labor agreement.
S T A T E O F N E W Y O R K
________________________________________________________________________
9172
I N A S S E M B L Y
February 12, 2024
___________
Introduced by M. of A. BRONSON -- read once and referred to the Commit-
tee 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 THREE 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,
CONSISTENT WITH PARAGRAPH (A) OF SUBDIVISION TWO OF SECTION TWO HUNDRED
TWENTY-TWO OF THE LABOR LAW.
(B) (I) THE FUND MAY GRANT AN EXCEPTION FROM THE REQUIREMENTS OF THIS
SUBDIVISION BY PROVIDING A SPECIFIC WRITTEN EXPLANATION OF WHY A PROJECT
LABOR AGREEMENT WOULD NOT BE CONSISTENT WITH PARAGRAPH (A) OF SUBDIVI-
SION TWO OF SECTION TWO HUNDRED TWENTY-TWO OF THE LABOR LAW, OR STATE
COMPETITIVE BIDDING LAWS, AND WHY REQUIRING A PROJECT LABOR AGREEMENT ON
THE PROJECT WOULD OTHERWISE BE INCONSISTENT WITH STATUTES, RULES, OR
REGULATIONS APPLICABLE TO THE FUND.
(II) ANY EXCEPTION TO THE APPLICATION OF THIS SUBDIVISION SHALL BE
GRANTED FOR A PARTICULAR PROJECT CONTRACT BY THE SOLICITATION DATE.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
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