NY State Senate Bill 2023-S4994

Senate Bill S4994

2023-2024 Legislative Session

Relates to metropolitan transportation authority contracts involving industrial painting and industrial coatings

download bill text pdf

Current Bill Status - In Senate Committee Transportation Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2024	referred to transportation
Feb 21, 2023	referred to transportation

2023-S4994 (ACTIVE) - Details

Current Committee:: Senate Transportation
Law Section:: Public Authorities Law
Laws Affected:: Add §1265-c, Pub Auth L

2023-S4994 (ACTIVE) - Summary

Requires certain contractor, subcontractor and worker certifications for metropolitan transportation authority contracts which involve industrial painting or industrial coating work.

2023-S4994 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S4994

SPONSOR: RAMOS
 
TITLE OF BILL:

An act to amend the public authorities law, in relation to metropolitan
transportation authority contracts involving industrial painting and
industrial coatings

 
PURPOSE OR GENERAL IDEA OF BILL:

This bill would establish procurement guidelines for the procurement and
application of industrial paints and industrial coatings.

 
SUMMARY OF PROVISIONS:

Section 1 amends section 1265-c regarding contract guidelines for the
procurement and application of industrial paints and industrial coat-
ings.

Section 2 of the bill is the effective date.

 
JUSTIFICATION:

When approving state money for industrial painting and coating projects,
it is important that workers are qualified to perform the work in a safe
and efficient manner. It is important that these workers are trained on
how to perform work safely to avoid serious injury, how to best apply
coats so that the work performed lasts for the life of the project, and
how to properly dispose of dangerous chemicals used in the painting
process. New York and other states, including Connecticut, have enacted
standards in state funded contracts that incorporate specific trainings
in painting and coating contracts. This bill expands those standards to
cover port authorities.

 
PRIOR LEGISLATIVE HISTORY:

New

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None

 
EFFECTIVE DATE:
This act shall take effect on the one hundred eightieth day and shall
apply to any state 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.

2023-S4994 (ACTIVE) - Bill Text download pdf

                             
                     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.

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