S T A T E O F N E W Y O R K
________________________________________________________________________
4994
2023-2024 Regular Sessions
I N S E N A T E
February 21, 2023
___________
Introduced by Sen. RAMOS -- read twice and ordered printed, and when
printed to be committed to the Committee on Transportation
AN ACT to amend the public authorities law, in relation to metropolitan
transportation authority 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 public authorities law is amended by adding a new
section 1265-c to read as follows:
§ 1265-C. CONTRACTS INVOLVING INDUSTRIAL PAINTING AND INDUSTRIAL COAT-
INGS. 1. ANY AUTHORITY CONTRACT FOR THE APPLICATION OF INDUSTRIAL PAINT-
ING 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 COATING SHALL CERTIFY THAT ALL WORK COMPLETED
MEETS THE MINIMUM STANDARDS ESTABLISHED UNDER THIS SECTION BY THE COMP-
TROLLER REGARDING INDUSTRIAL PAINTING AND INDUSTRIAL COATING.
B. CONTRACTORS AND SUBCONTRACTORS DOING WORK INVOLVING INDUSTRIAL
PAINTING AND INDUSTRIAL COATING THAT REQUIRE THE DISTURBANCE OF LEAD-
BASED PAINT OR OTHER HAZARDOUS MATERIALS SHALL CERTIFY THAT ALL WORK
CONDUCTED ON THE PROJECT MEETS THE MINIMUM STANDARDS ESTABLISHED UNDER
THIS SECTION BY THE COMPTROLLER.
2. ANY CERTIFICATIONS REQUIRED BY THIS SECTION SHALL BE KEPT CURRENT
FOR THE DURATION OF THE CONTRACT.
3. THE COMPTROLLER, IN COORDINATION WITH THE OFFICE OF GENERAL
SERVICES, SHALL ESTABLISH GUIDELINES CONCERNING THE PROCUREMENT OF
INDUSTRIAL PAINTS AND INDUSTRIAL COATINGS AS WELL AS THE QUALIFICATIONS
REQUIRED FOR THE APPLICATION OF INDUSTRIAL PAINTS AND INDUSTRIAL COAT-
INGS BY CONTRACTORS AND SUBCONTRACTORS PURSUANT TO SECTION TWENTY-EIGHT
HUNDRED SEVENTY-NINE-A OF THIS CHAPTER. SUCH GUIDELINES SHALL IMPLEMENT
A CERTIFICATION PROCESS WITH MINIMUM STANDARDS FOR CONTRACTORS AND
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06784-01-3
S. 4994 2
SUBCONTRACTORS TO FILE WITH THE AUTHORITY UPON COMPLETION OF A PROJECT.
WHEN ESTABLISHING GUIDELINES RELATED TO INDUSTRIAL PAINTS AND INDUSTRIAL
COATINGS, THE COMPTROLLER SHALL CONSIDER INDUSTRY STANDARDS SET FORTH BY
THE ASSOCIATION FOR MATERIALS PROTECTION AND PERFORMANCE (AMPP) OR OTHER
SIMILAR ASSOCIATIONS THAT SET INDUSTRY STANDARDS FOR PROTECTIVE COATINGS
AND SHALL CONSULT WITH AFFECTED CONTRACTORS AND SUBCONTRACTORS TO
CONSIDER ENVIRONMENTAL IMPACT AS WELL AS THE IMPACT ON PUBLIC HEALTH AND
SAFETY. THE COMPTROLLER SHALL ESTABLISH CONTRACTOR AND SUBCONTRACTOR
REQUIREMENTS FOR EMPLOYEES WORKING ON INDUSTRIAL PAINTING AND INDUSTRIAL
COATING PROJECTS INCLUDING, BUT NOT LIMITED TO, REQUIRING SPECIFIC
TRAININGS OR CERTIFICATIONS FOR INDIVIDUAL EMPLOYEES.
§ 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law and shall apply to any metropolitan transpor-
tation authority contracting opportunities advertised on or after such
date and shall exclude contracts for which an invitation for bid,
request for proposal, or similar solicitation has been issued prior to
the effective date of this act.