Senate Bill S10472

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10472
 
                             I N  S E N A T E
 
                               May 15, 2026
                                ___________
 
 Introduced  by  Sen. C. RYAN -- read twice and ordered printed, and when
   printed to be committed to the Committee on Investigations and Govern-
   ment Operations
 
 AN ACT to amend the public buildings law and the labor law, in  relation
   to  prevailing  wage requirements applicable to leasehold improvements
   in state leases

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 12 of section 3 of the public buildings law, as
 amended  by  section  47 of part T of chapter 57 of the laws of 2007, is
 amended to read as follows:
   12. Lease from time to time buildings, rooms or premises in the county
 of Albany, and elsewhere as required, for providing  space  for  depart-
 ments,  commissions,  boards  and officers of the state government, upon
 such terms and conditions as [he or she] SUCH  COMMISSIONER  deems  most
 advantageous  to the state. Any such lease shall, however, be for a term
 not exceeding ten  years,  except  that,  the  commissioner  of  general
 services  may  enter  into leases for a term not exceeding fifteen years
 when, in the judgment of such commissioner, such longer term is  in  the
 best  interests  of  the  state. Any such lease may provide for optional
 renewals on the part of the state, for terms of ten years or less.  Each
 such lease shall contain a clause stating that the contract of the state
 thereunder shall be deemed executory only to the extent of moneys avail-
 able  therefor  and  that  no  liability  shall be incurred by the state
 beyond the money available for  such  purpose.  EACH  SUCH  LEASE  SHALL
 CONTAIN  A  CLAUSE REQUIRING COMPLIANCE WITH SECTION TWO HUNDRED TWENTY-
 FOUR-G OF THE LABOR LAW. Notwithstanding the  provisions  of  any  other
 law,  except  section sixteen hundred seventy-six of the public authori-
 ties law relating to use of dormitory authority facilities by the  aged,
 the  commissioner  of  general  services  shall  have sole and exclusive
 authority to lease space for state departments,  agencies,  commissions,
 boards and officers within the county of Albany. Any buildings, rooms or
 premises,  now or hereafter held by the commissioner of general services
 under lease, may be sublet, in part or in whole, provided  that  in  the
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD15928-01-6
 S. 10472                            2
 
 judgment of such commissioner, and the occupying department, commission,
 board,  and  officers  of the state government, such buildings, rooms or
 premises are not for a time needed. Notwithstanding any other  provision
 of law to the contrary, if bonds or notes are issued pursuant to section
 sixteen  hundred  eighty-n of the public authorities law for the purpose
 of acquiring a building or other facility previously financed by a lease
 or lease-purchase obligation as  authorized  herein,  the  state  agency
 which  is  the  tenant  in  occupancy  shall  be authorized to remit tax
 payments or payments in  lieu  of  thereof  to  the  appropriate  taxing
 authority  in  a manner consistent with the process and term established
 under the original lease or lease-purchase for the subject property  for
 a  period  coincident  with  the term of the lease as established at the
 commencement of the term thereof. The state may undertake  a  certiorari
 review of assessments that may be imposed from time to time.
   §  2.  Subdivision  12  of  section  3 of the public buildings law, as
 amended by section 48 of part T of chapter 57 of the laws  of  2007,  is
 amended to read as follows:
   12. Lease from time to time buildings, rooms or premises in the county
 of  Albany,  and  elsewhere as required, for providing space for depart-
 ments, commissions, boards and officers of the  state  government,  upon
 such  terms  and  conditions as [he or she] SUCH COMMISSIONER deems most
 advantageous to the state. Any such lease shall, however, be for a  term
 not  exceeding  ten  years, but may provide for optional renewals on the
 part of the state, for terms of ten years or less. Each such lease shall
 contain a clause stating that the contract of the state thereunder shall
 be deemed executory only to the extent of moneys available therefor  and
 that no liability shall be incurred by the state beyond the money avail-
 able  for such purpose. EACH SUCH LEASE SHALL CONTAIN A CLAUSE REQUIRING
 COMPLIANCE WITH SECTION TWO HUNDRED  TWENTY-FOUR-G  OF  THE  LABOR  LAW.
 Notwithstanding  the provisions of any other law, except section sixteen
 hundred seventy-six of the public authorities law  relating  to  use  of
 dormitory  authority facilities by the aged, the commissioner of general
 services shall have sole and exclusive  authority  to  lease  space  for
 state departments, agencies, commissions, boards and officers within the
 county  of  Albany.  Any  buildings, rooms or premises, now or hereafter
 held by the commissioner of general services under lease, may be sublet,
 in part or in whole, provided that in the judgment of the  commissioner,
 and  the  occupying  department,  commission, board, and officers of the
 state government, such buildings, rooms or premises are not for  a  time
 needed.
   § 3. The labor law is amended by adding a new section 224-g to read as
 follows:
   § 224-G. PREVAILING WAGE REQUIREMENTS APPLICABLE TO LEASEHOLD IMPROVE-
 MENTS  IN  STATE  LEASES.  1. SUBJECT TO THE PROVISIONS OF THIS SECTION,
 COVERED LEASEHOLD IMPROVEMENTS IN LEASES ENTERED INTO BY THE COMMISSION-
 ER OF GENERAL SERVICES PURSUANT TO SUBDIVISION TWELVE OF  SECTION  THREE
 OF THE PUBLIC BUILDINGS LAW SHALL BE SUBJECT TO PREVAILING WAGE REQUIRE-
 MENTS IN ACCORDANCE WITH SECTIONS TWO HUNDRED TWENTY-TWO AND TWO HUNDRED
 TWENTY-B OF THIS ARTICLE.
   2.  "COVERED  LEASEHOLD  IMPROVEMENTS"  SHALL INCLUDE ANY CONSTRUCTION
 UNDERTAKEN PURSUANT TO LEASES ENTERED INTO BY THE COMMISSIONER OF GENER-
 AL SERVICES UNDER SECTION THREE OF THE PUBLIC BUILDINGS  LAW,  INCLUDING
 STRUCTURAL MODIFICATIONS, NEW DRYWALL AND FLOORING, UPDATES TO LIGHTING,
 ELECTRICAL,  AND  TECHNOLOGY  SYSTEMS,  ADDITION  OF ROOMS, CUBICLES, OR
 PARTITIONS, AND SHELVING AND COUNTERTOPS WHERE SUCH  CONSTRUCTION  COSTS
 ARE OVER ONE HUNDRED THOUSAND DOLLARS.
 S. 10472                            3
 
   3.  THIS SECTION SHALL APPLY TO ALL LEASES ENTERED INTO BY THE COMMIS-
 SIONER OF GENERAL SERVICES PURSUANT  TO  SECTION  THREE  OF  THE  PUBLIC
 BUILDINGS LAW.
   4.  FOR  PURPOSES OF THIS SECTION, "FISCAL OFFICER" SHALL BE DEEMED TO
 BE THE COMMISSIONER. THE ENFORCEMENT OF ANY COVERED  LEASEHOLD  IMPROVE-
 MENTS  SHALL BE SUBJECT TO THE REQUIREMENTS OF SECTION TWO HUNDRED TWEN-
 TY, TWO HUNDRED TWENTY-A AND TWO HUNDRED TWENTY-B OF THIS  ARTICLE,  AND
 SECTION  TWO  HUNDRED TWENTY-SEVEN OF THIS CHAPTER AND WITHIN THE JURIS-
 DICTION OF THE FISCAL OFFICER.
   5. THE FISCAL OFFICER MAY ISSUE RULES AND  REGULATIONS  GOVERNING  THE
 PROVISIONS  OF THIS SECTION. VIOLATIONS OF THIS SECTION SHALL BE GROUNDS
 FOR DETERMINATIONS AND ORDERS PURSUANT TO SECTION TWO  HUNDRED  TWENTY-B
 OF THIS ARTICLE.
   §  4. This act shall take effect immediately; provided that the amend-
 ments to subdivision 12 of section 3 of the public buildings law made by
 section one of this act shall be subject to the expiration and reversion
 of such subdivision pursuant to section 27 of chapter 95 of the laws  of
 2000,  as  amended, when upon such date the provisions of section two of
 this act shall take effect.