S7549-2011 Actions

• Jun 1, 2012: REFERRED TO LABOR

S7549-2011 Memo

BILL NUMBER:S7549

TITLE OF BILL:
An act
to amend the labor law, in relation to applying the prevailing wage laws
to certain projects on privately owned property

PURPOSE:
Applies the prevailing wage laws to certain projects on privately
owned property.

SUMMARY OF PROVISIONS:
Section one amends section 220 of the labor law by adding a new
subdivision 10.

Section two is the effective date.

JUSTIFICATION:
The New York State Labor Law (Article 8, Section 220) requires that
"prevailing wages" and "supplemental benefits" be paid on public
works construction projects. This bill would apply the law to certain
larger, primarily upper-income residential projects with more than 80
units that receive public funds or financial assistance. This
legislation does not apply to primarily affordable housing projects
of any size. This legislation also does not apply to residential
projects involving 80 or less units.

Independent research conducted by respected economists and
universities has consistently found that prevailing wage requirements:

* Promote training, skill and productivity, which improves quality and
reduces costs.

* Minimize safety-net costs to taxpayers by providing healthcare and
other benefits through employment.

* Reduce injuries and workers' compensation costs.

* Increase local and minority workforce participation.

Applying prevailing wage requirements to larger, primarily
upper-income residential projects that are publicly subsidized will
assure that the economic benefits of these
projects do not only serve a limited number of affluent interests, but
serve the intended purpose of providing economic opportunity more
broadly to workers who earn good wages and spur local economic
multipliers that maximize the positive effect of the public
subsidies. Additionally, applying prevailing wage requirements to
these publicly subsidized projects will discourage situations where
good developers and contractors that choose to treat their workers

well are put at a disadvantage against developers and contractors
that do not.

PRIOR LEGISLATIVE HISTORY:
New Legislation.

FISCAL IMPLICATIONS:
None to State.

EFFECTIVE DATE:
This act shall take effect on the one hundred twentieth day after it
shall have become a law. Effective, immediately, the addition,
amendment and/or repeal of any rule or regulation necessary for the
implementation of this act on its effective date is authorized to be
made on or before such date.

S7549-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                         7549
 I N  SENATE
 June 1, 2012
 
 Introduced by Sens. LANZA, SAVINO -- 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 applying the prevailing
 wage laws to certain projects on privately owned property
 THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM
 BLY, DO ENACT AS FOLLOWS:

 

Section  1. 

Section  220  of the labor law is amended by adding a new
 subdivision 10 to read as follows:

 10. ANY PROJECT ON PRIVATELY OWNED PROPERTY WHICH, IN WHOLE  OR  PART,
 (A)  RECEIVES  OR  BENEFITS  FROM  PUBLIC FUNDS OR FINANCIAL ASSISTANCE,
 INCLUDING BUT NOT  LIMITED  TO  THE  PROVISION  OF  PUBLIC  MONIES,  THE
 PROVISION  OF  TAX  EXEMPTIONS  OR BENEFITS, THE PROCEEDS OR BENEFITS OF
 BONDS, SURETIES OR OTHER CONTRACTS, OR THE PROVISION OF REAL PROPERTY AT
 LESS THAN FAIR MARKET VALUE OR FOR REDUCED CONSIDERATION,  (B)  INVOLVES
 MORE  THAN  EIGHTY  DWELLING  UNITS WHERE LESS THAN FIFTY PERCENT OF THE
 UNITS ARE SUBJECT TO AN AGREEMENT WITH A MUNICIPALITY,  THE  STATE,  THE
 FEDERAL  GOVERNMENT  OR  ANY INSTRUMENTALITY THEREOF WHICH RESTRICTS THE
 OCCUPANCY OF SUCH UNITS  TO  INDIVIDUALS  OR  FAMILIES,  AS  TENANTS  OR
 PURCHASERS,  WITH A GROSS HOUSEHOLD INCOME AT OR BELOW ONE HUNDRED TWEN
 TY-FIVE PERCENT OF THE AREA MEDIAN  INCOME,  AND  (C)  MAY  INVOLVE  THE
 EMPLOYMENT OF LABORERS, WORKERS OR MECHANICS, SHALL BE CONSIDERED PUBLIC
 WORK FOR THE PURPOSES OF THIS ARTICLE, AND ANY CONTRACTS OR SUBCONTRACTS
 WHICH MAY INVOLVE THE EMPLOYMENT OF LABORERS, WORKERS OR MECHANICS SHALL
 BE  ENFORCEABLE  UNDER  THIS  ARTICLE.  FOR  PURPOSES  OF  THIS SECTION,
 "PRIVATELY OWNED PROPERTY" SHALL MEAN PROPERTY HELD PURSUANT  TO  OWNER
 SHIP OR LEASEHOLD INTEREST BY A NON-GOVERNMENTAL ENTITY.
 

S 2. This act shall take effect on the one hundred twentieth day after
 it  shall have become a law. Effective immediately, the addition, amend
 ment and/or repeal of any rule or regulation necessary for the implemen
 tation of this act on its effective date is authorized to be made on  or
 before such date.
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD15390-01-2

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