Senate Bill S3973

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3973
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             January 31, 2025
                                ___________
 
 Introduced by Sen. SEPULVEDA -- read twice and ordered printed, and when
   printed to be committed to the Committee on Labor
 
 AN  ACT  to  amend the labor law, in relation to project labor agreement
   feasibility studies and apprenticeship agreements
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 2 of section 222 of the labor law is amended by
 adding a new paragraph (f) to read as follows:
   (F)  (I) WHERE ANY CONTRACT AS DEFINED BY THIS SECTION SEEKS TO ENGAGE
 A PROJECT LABOR AGREEMENT AS DEFINED IN SUBDIVISION ONE OF THIS SECTION,
 A FEASIBILITY STUDY MUST BE CONDUCTED FIRST TO  DETERMINE  WHETHER  SUCH
 PROJECT  LABOR AGREEMENT WILL FURTHER ITS INTEREST IN OBTAINING THE BEST
 WORK AT THE LOWEST POSSIBLE  PRICE,  PREVENTING  FAVORITISM,  FRAUD  AND
 CORRUPTION. THE FEASIBILITY STUDY SHALL TAKE INTO ACCOUNT THE IMPACT THE
 PROJECT  LABOR  AGREEMENT  WILL  HAVE  ON COMPETITION AND THE IMPACT THE
 PROJECT LABOR AGREEMENT WILL HAVE ON OPPORTUNITIES FOR  MINORITY,  WOMEN
 AND SERVICE-DISABLED VETERAN OWNED BUSINESS ENTERPRISES.
   (II)  SUCH FEASIBILITY STUDY SHALL, IN ITS ENTIRETY AND UNREDACTED, BE
 PROVIDED TO THE PUBLIC FOR REVIEW AND COMMENT PRIOR TO INCLUSION IN  ANY
 BIDDING  AND  CONTRACT  DOCUMENTS.  WHERE,  TAKING  THOSE  FACTORS  INTO
 ACCOUNT, THE FEASIBILITY STUDY CONCLUDES THERE IS NO  NET  ADVANTAGE  TO
 THE  PUBLIC OR THAT THERE WILL BE A NEGATIVE IMPACT ON OPPORTUNITIES FOR
 MINORITY, WOMEN OR SERVICE-DISABLED VETERAN OWNED BUSINESS  ENTERPRISES,
 SUCH PROJECT LABOR AGREEMENT SHALL NOT BE AUTHORIZED.
   §  2.  Subdivision  2 of section 816-b of the labor law, as amended by
 chapter 669 of the laws of 2023, is amended to read as follows:
   2. Notwithstanding any other provision of this article, of section one
 hundred three of the general municipal law, of section one hundred thir-
 ty-five of the state finance law, of section one  hundred  fifty-one  of
 the public housing law, or of any other general, special or local law or
 administrative  code,  in  entering  into  any  construction contract, a
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08301-01-5
              

 S. 3973                             2
 
 governmental entity, including any city governmental entity, that is  to
 be  a  direct  or  indirect  party to such contract may require that any
 contractors  and  subcontractors  have,  prior  to  entering  into  such
 contract,  apprenticeship  agreements appropriate for the type and scope
 of work to be performed, that have been registered  with,  and  approved
 by, the commissioner pursuant to the requirements found in this article.
 A  city  governmental  entity  that  is  a direct or indirect party to a
 contract may establish in its  specifications  a  requirement  that,  in
 performing  the  work,  the  contractor and its subcontractors utilize a
 minimum ratio of apprentices to journey-level workers, as established by
 the governmental entity but subject to any maximum ratio established  by
 the  department,  for  any  classification  appropriate for the type and
 scope of work to be performed, provided that no such minimum ratio shall
 be established for labor performed pursuant to a construction  contract.
 Whenever  utilizing  these requirements, the governmental entity may, in
 addition to whatever considerations are required by  law,  consider  the
 degree to which career opportunities in apprenticeship training programs
 approved  by  the  commissioner  may be provided. PRIOR TO REQUIRING ANY
 CONTRACTORS AND SUBCONTRACTORS TO  HAVE,  PRIOR  TO  ENTERING  INTO  ANY
 CONSTRUCTION  CONTRACT,  APPRENTICESHIP AGREEMENTS AS DEFINED IN SECTION
 EIGHT HUNDRED SIXTEEN  OF  THIS  ARTICLE,  THE  GOVERNMENT  ENTITY  MUST
 CONDUCT  AN  ANALYSIS  OF  THE  IMPACT  SUCH A REQUIREMENT WOULD HAVE ON
 COMPETITION AND ON OPPORTUNITIES FOR MINORITY, WOMEN  AND  SERVICE-DISA-
 BLED VETERAN OWNED BUSINESS ENTERPRISES. SUCH UNREDACTED COMPLETE ANALY-
 SIS  SHALL  BE  PROVIDED  TO  THE PUBLIC FOR REVIEW AND COMMENT PRIOR TO
 IMPLEMENTATION.
   § 3. Subdivision 2 of section 816-b of the  labor  law,  as  added  by
 chapter 571 of the laws of 2001, is amended to read as follows:
   2. Notwithstanding any other provision of this article, of section one
 hundred three of the general municipal law, of section one hundred thir-
 ty-five  of  the  state finance law, of section one hundred fifty-one of
 the public housing law, or of any other general, special or local law or
 administrative code, in  entering  into  any  construction  contract,  a
 governmental  entity  which  is to be a direct or indirect party to such
 contract may require that any contractors and subcontractors have, prior
 to entering into such contract,  apprenticeship  agreements  appropriate
 for  the  type  and scope of work to be performed, that have been regis-
 tered with, and approved by, the commissioner pursuant to  the  require-
 ments  found  in  this article. Whenever utilizing this requirement, the
 governmental entity may, in  addition  to  whatever  considerations  are
 required  by  law,  consider the degree to which career opportunities in
 apprenticeship training programs approved by  the  commissioner  may  be
 provided. PRIOR TO REQUIRING ANY CONTRACTORS AND SUBCONTRACTORS TO HAVE,
 PRIOR  TO ENTERING INTO ANY CONSTRUCTION CONTRACT, APPRENTICESHIP AGREE-
 MENTS AS DEFINED IN SECTION EIGHT HUNDRED SIXTEEN OF THIS  ARTICLE,  THE
 GOVERNMENT ENTITY MUST CONDUCT AN ANALYSIS OF THE IMPACT SUCH A REQUIRE-
 MENT  WOULD HAVE ON COMPETITION AND ON OPPORTUNITIES FOR MINORITY, WOMEN
 AND SERVICE-DISABLED VETERAN OWNED BUSINESS ENTERPRISES. SUCH UNREDACTED
 COMPLETE ANALYSIS SHALL BE PROVIDED TO THE PUBLIC FOR REVIEW AND COMMENT
 PRIOR TO IMPLEMENTATION.
   § 4. This act shall take effect immediately; provided that the  amend-
 ments to subdivision 2 of section 816-b of the labor law made by section
 two of this act shall be subject to the expiration and reversion of such
 subdivision  pursuant  to section 11 of chapter 669 of the laws of 2023,
 as amended, when upon such date the provisions of section three of  this
 act shall take effect.