S T A T E O F N E W Y O R K
________________________________________________________________________
9464
I N A S S E M B L Y
January 6, 2026
___________
Introduced by M. of A. BRONSON -- read once and referred to the Commit-
tee on Labor
AN ACT to amend the labor law, in relation to certain off-site custom
fabrication public works projects and the payment of prevailing wage
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraph (f) of subdivision 3 of section 220 of the labor
law, as added by a chapter of the laws of 2025 amending the labor law
relating to inclusion of certain off-site custom fabrication as public
work for the purposes of payment of prevailing wage, as proposed in
legislative bills numbers S. 2536-A and A. 2747-A, is amended to read as
follows:
(f) (i) For the purposes of this subdivision contractors or subcon-
tractors engaged in custom fabrication shall not be regarded as material
suppliers. For the purposes of this subdivision, a legal day's work for
which the prevailing rate of wages for the New York county in which the
public works project is situated shall be paid to laborers, workers and
mechanics shall include custom fabrication regardless of whether the
custom fabrication occurs on-site, off-site, or in another jurisdiction
[outside the state where the custom fabrication constitutes a signif-
icant portion of the building or work, it] AND SUCH PAY shall be a
condition of the contract concerning all such custom fabrication work
[that] INVOLVING the contractor or employer awarded the public work
contract, except where the project includes federal funding that trig-
gers federal rules for wage requirements, and any subcontractor thereto
shall pay the on-site prevailing wage required for workers at the site
of the public work project to those workers performing the custom fabri-
cation.
(II) To perform a public works contract each contractor or subcontrac-
tor who employs workers [off-site] for [the] custom fabrication work
related to a public work project shall maintain certified payrolls [for
those workers and provide such payrolls, with original certifications,
to the department at least annually and upon request,] and shall comply
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00331-04-6
A. 9464 2
with [section] SECTIONS two hundred twenty-i AND TWO HUNDRED TWENTY-J of
this article[, as applicable].
(III) For the purposes of this subdivision the term "custom fabri-
cation" shall include[, but not be limited to,] the fabrication of exte-
rior or interior wall panel systems, woodwork, electrical, plumbing,
heating, cooling, ventilation or exhaust duct systems, rebar cages, and
mechanical insulation solely and specifically designed and engineered
for [installation in the construction, repair or renovation of a build-
ing which is the subject of a contract to which the state, a department
of the state, a board or officer in the state, a municipal corporation,
a public benefit corporation or a commission appointed pursuant to law
is a party. For the purposes of this subdivision, a "significant
portion of building or work" means that portions or modules of the
building or work, as opposed to smaller prefabricated components, are
delivered to the place where the building or work will remain, with
minimal construction work remaining other than the installation and/or
assembly of the portions or modules] A SPECIFIED PUBLIC WORK PROJECT.
THE TERM "CUSTOM FABRICATION" DOES NOT INCLUDE COMPONENTS, PORTIONS,
MODULES, OR MATERIALS THAT ARE OTHERWISE STOCKED OR READILY AVAILABLE
ABSENT A SPECIFIED PUBLIC WORK PROJECT.
[(ii)] (IV) THE PROVISIONS OF THIS PARAGRAPH SHALL NOT INCLUDE ANY
HIGHWAY, STRUCTURE, VEHICLE OR WATERCRAFT USED TO SUPPORT TRANSPORTING
PERSONS; THE FOREGOING NOTWITHSTANDING, THIS PARAGRAPH SHALL INCLUDE
ELECTRICAL, PLUMBING, HEATING, COOLING, VENTILATION OR MECHANICAL INSU-
LATION WORK IN REST AREAS, TRANSIT STATIONS OR DEPOTS.
(V) NOTHING IN THIS PARAGRAPH SHALL BE CONSTRUED TO APPLY THE REQUIRE-
MENTS SET FORTH IN SECTION TWO HUNDRED TWENTY-FOUR-A OF THIS ARTICLE TO
ANY CUSTOM FABRICATION ASSOCIATED WITH THE CREATION OR REHABILITATION OF
ANY RESIDENTIAL DWELLING UNITS OR MANUFACTURED HOME PARKS THAT ARE
EXEMPTED FROM THE DEFINITION OF "COVERED PROJECTS" AS SET FORTH IN
SECTION TWO HUNDRED TWENTY FOUR-A OF THIS ARTICLE.
(VI) THE CONTRACTOR AWARDED A PUBLIC WORK CONTRACT, OR A SUBCONTRACTOR
THERETO, SHALL BE REQUIRED TO REPORT TO THE DEPARTMENT OF JURISDICTION
THE INTENT TO UTILIZE CUSTOM FABRICATION IN A FORM AND MANNER PRESCRIBED
BY THE FISCAL OFFICER. SUCH REPORTS SHALL IDENTIFY THE PUBLIC WORK
CONTRACT, THE NAME AND LOCATION OF THE CUSTOM FABRICATION ENTITY, AND
DESCRIPTION OF THE CUSTOM FABRICATION WORK. THE CONTRACTOR AWARDED A
PUBLIC WORK CONTRACT, OR SUBCONTRACTOR THERETO, SHALL NOTIFY ANY ADDI-
TIONAL PARTY CONTRACTED WITH FOR CUSTOM FABRICATION THAT THE CONTRACT IS
SUBJECT TO THIS SUBDIVISION. The department of jurisdiction, as defined
in subdivision three-a of this section and including any entity to whom
such department of jurisdiction delegates their authority, shall be
required to report to the fiscal officer the intention to contract for
custom[, off-site] fabrication [of any materials on all contracts,
regardless of the amount, which may include the employment of laborers,
workers or mechanics in the application to the fiscal officer for the
approval of such contract. The department of jurisdiction's report shall
state the name and address of the off-site, custom fabricator, identify
the custom materials that are being fabricated off-site and the quantity
thereof, the estimated and actual cost of the off-site fabrication, and
the estimated number of workers employed to complete the custom fabri-
cation at the off-site location] IN A FORM AND MANNER PRESCRIBED BY THE
FISCAL OFFICER. SUCH REPORTS SHALL IDENTIFY THE PUBLIC WORK CONTRACT,
THE NAME AND LOCATION OF THE CUSTOM FABRICATION ENTITY, AND DESCRIPTION
OF THE CUSTOM FABRICATION WORK. REPORTS SUBMITTED TO THE FISCAL OFFICER
A. 9464 3
SHALL BE SUBJECT TO DISCLOSURE PURSUANT TO ARTICLE SIX OF THE PUBLIC
OFFICERS LAW.
§ 2. Severability. If any clause, sentence, paragraph, subdivision,
section, or part of this act shall be adjudged by any court of competent
jurisdiction to be invalid, such judgment shall not affect, impair, or
invalidate the remainder thereof, but shall be confined in its operation
to the clause, sentence, paragraph, subdivision, section, or part there-
of directly involved in the controversy in which such judgment shall
have been rendered.
§ 3. This act shall take effect on the same date and in the same
manner as a chapter of the laws of 2025 amending the labor law relating
to inclusion of certain off-site custom fabrication as public work for
the purposes of payment of prevailing wage, as proposed in legislative
bills numbers S. 2536-A and A. 2747-A, takes effect.