Assembly Bill A9633

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9633
 
                           I N  A S S E M B L Y
 
                             January 21, 2026
                                ___________
 
 Introduced  by M. of A. MOLITOR -- read once and referred to the Commit-
   tee on Labor
 
 AN ACT to amend the labor law, the education law, the insurance law, the
   public housing law and the workers' compensation law, in  relation  to
   the  scaffolding  law;  and to repeal subdivision 1 of section 240 and
   section 241 of the labor law relating thereto

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 1 of section 240 of the labor law is REPEALED.
   § 2. Section 241 of the labor law is REPEALED.
   § 3. The opening paragraph of subdivision 3 of section 30 of the labor
 law, as amended by chapter 90 of the laws of 2015, is amended to read as
 follows:
   Except  for  variations concerning provisions, rules, codes, orders or
 any other matter affecting asbestos projects, mold  projects  or  safety
 and  health standards for public employees, including but not limited to
 projects covered by  article  thirty  and  section  twenty-seven-a  [and
 subdivision ten of section two hundred forty-one] of this chapter;
   §  4.  Paragraph  d of subdivision 1 of section 372-a of the education
 law, as added by chapter 624 of the laws of 1999, is amended to read  as
 follows:
   d.  Any  contracts or leases entered into by the trustees of the state
 university of New York pursuant to this section shall require the lessee
 or contracting not-for-profit corporation to comply  with  the  require-
 ments  of  article fifteen-A of the executive law. Any contract or lease
 for construction, rehabilitation, or  other  improvement  authorized  by
 this  section  entered  into by the trustees shall require the lessee or
 contractor and/or subcontractor  to  comply  with  the  requirements  of
 [section]  SECTIONS  two hundred twenty, two hundred thirty, two hundred
 thirty-one[,] AND two hundred forty [and two hundred forty-one]  of  the
 labor law, where applicable, as well as sections one hundred one and one
 hundred three of the general municipal law, where applicable;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13966-01-5
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   § 5. The opening paragraph of paragraph 1 of subsection (e) of section
 2304  of the insurance law, as added by chapter 135 of the laws of 1998,
 is amended to read as follows:
   Premiums  for  workers' compensation insurance for employments classi-
 fied under sections two hundred twenty[,] AND two hundred forty [and two
 hundred forty-one] of the labor law, provided such employments are clas-
 sified under each of said sections, shall be established on the basis of
 payroll and a formula which provides appropriate credits, provided  such
 credits  shall  not apply to payroll in excess of the payroll limitation
 amount set forth in subdivision two of section eighty-nine of the  work-
 ers' compensation law and this subsection. With the exception of employ-
 ments engaged in the construction of one or two family residential hous-
 ing,  premiums  shall  be  calculated  in  accordance with the following
 limitations:
   § 6. The opening paragraph of paragraph 2 of subsection (e) of section
 2304 of the insurance law, as amended by chapter 11 of the laws of 2008,
 is amended to read as follows:
   The loss costs applicable to employments classified under sections two
 hundred twenty[,] AND two hundred forty [and two hundred  forty-one]  of
 the  labor  law,  provided such employments are classified under each of
 said sections, shall be adjusted  to  reflect  the  payroll  limitations
 required  by  this section as they separately affect such rates for work
 actually performed within each of the following geographic territories:
   § 7. Section 636 of the public housing law, as added by chapter 225 of
 the laws of 2022, is amended to read as follows:
   §  636.  Additional  requirements  for  alternative  project  delivery
 contracts.  Construction  performed under a contract entered into by the
 trust pursuant to this article shall be deemed a  "public  work"  to  be
 performed  in  accordance  with  the  provisions of article eight of the
 labor law, including but not limited to the prevailing wage requirements
 set forth in section two hundred twenty of the labor law and the report-
 ing, monitoring, and enforcement provisions of  article  eight  of  such
 law, as well as subject to sections two hundred, two hundred forty[, two
 hundred  forty-one]  and two hundred forty-two of the labor law, and for
 projects or public  works  receiving  federal  aid,  applicable  federal
 requirements  for prevailing wage. Any contract entered into pursuant to
 section six hundred thirty-four of this article, and undertaken pursuant
 to a project labor agreement,  shall  include  a  clause  requiring  the
 selected  alternative project delivery contractor to obligate every tier
 of contractor working on the public work  to  comply  with  the  project
 labor  agreement  referenced  in section six hundred thirty-four of this
 article, and shall include project labor agreement compliance monitoring
 and enforcement provisions consistent with any such project labor agree-
 ment.
   § 8. Paragraph (a) of subdivision 2-c of section 25  of  the  workers'
 compensation  law,  as  added  by  chapter  491  of the laws of 1995, is
 amended to read as follows:
   (a) For the purposes of  employments  classified  under  sections  two
 hundred  twenty[,]  AND two hundred forty [and two hundred forty-one] of
 the labor law, an employer  and  a  recognized  or  certified  exclusive
 bargaining  representative  of  its  employees  may include within their
 collective bargaining agreement provisions to establish  an  alternative
 dispute resolution system to resolve claims arising under this chapter.
   Any  collective  bargaining agreement or agreement entered into by the
 employee and an employer which purports to preempt any provision of this
 chapter or in any way diminishes or changes rights and benefits provided
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 under this chapter, except as expressly provided herein, shall be  null,
 void and unenforceable.
   § 9. The opening paragraph of subdivision 2 of section 89 of the work-
 ers'  compensation  law, as added by chapter 135 of the laws of 1998, is
 amended to read as follows:
   Premiums for construction classification employers shall be subject to
 a payroll limitation on each construction classification subject to  the
 following   transition   program.      For  purposes  of  this  section,
 "construction classification" shall mean  employments  classified  under
 sections  two  hundred  twenty[,] AND two hundred forty [and two hundred
 forty-one] of the labor law, provided such  employments  are  classified
 under  each  of  said  sections, except that construction classification
 shall not include any employments engaged in the construction of one  or
 two family residential housing.
   § 10. This act shall take effect immediately.