S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  6523

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                              April 4, 2013
                               ___________

Introduced  by  M.  of  A.  SCHIMMINGER -- read once and referred to the
  Committee on Corporations, Authorities and Commissions

AN ACT to amend the public authorities law, the state  finance  law  and
  the labor law, in relation to project labor agreements for public work
  projects; and providing for the repeal of such provisions upon expira-
  tion thereof

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. This act shall be known and may be  cited  as  the  "public
construction savings pilot act".
  S  2.  The  public  authorities law is amended by adding a new section
2880-b to read as follows:
  S 2880-B. PROJECT LABOR AGREEMENTS BY PUBLIC AUTHORITIES. A CONTRACTOR
BIDDING ON A REQUEST FOR PROPOSAL ISSUED BY ANY PUBLIC AUTHORITY FOR (I)
THE ERECTION, CONSTRUCTION OR  ALTERATION  OF  BUILDINGS,  OR  (II)  THE
CONSTRUCTION, RECONSTRUCTION, REPAIR OR IMPROVEMENT TO ROADS, TOLLROADS,
HIGHWAYS,  RAILWAYS, BRIDGES, TERMINALS, OR OTHER TRANSPORTATION FACILI-
TIES, WITH A PROJECT LABOR AGREEMENT PURSUANT TO PARAGRAPH (A) OF SUBDI-
VISION TWO OF SECTION TWO HUNDRED  TWENTY-TWO  OF  THE  LABOR  LAW,  MAY
SUBMIT  A  BID  THAT DOES NOT INCLUDE A PROJECT LABOR AGREEMENT AND SUCH
CONTRACT FOR PUBLIC WORK SHALL BE AWARDED TO THE CONTRACTOR WITH THE LOW
BID REGARDLESS OF WHETHER A PROJECT LABOR AGREEMENT WAS  INCLUDED  IN  A
CONTRACTOR'S BID PROPOSAL.
  S  3.  The state finance law is amended by adding a new section 148 to
read as follows:
  S 148. PROJECT LABOR AGREEMENTS. A CONTRACTOR BIDDING ON A REQUEST FOR
PROPOSAL ISSUED BY AN OFFICER, BOARD, DEPARTMENT, COMMISSION OR  COMMIS-
SIONS  FOR (I) THE ERECTION, CONSTRUCTION OR ALTERATION OF BUILDINGS FOR
THE STATE, OR (II) THE CONSTRUCTION, RECONSTRUCTION, REPAIR OR  IMPROVE-
MENT  TO  ROADS,  TOLLROADS,  HIGHWAYS, RAILWAYS, BRIDGES, TERMINALS, OR
OTHER TRANSPORTATION FACILITIES FOR THE  STATE,  WITH  A  PROJECT  LABOR

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04947-04-3
              

A. 6523                             2

AGREEMENT  PURSUANT  TO  PARAGRAPH (A) OF SUBDIVISION TWO OF SECTION TWO
HUNDRED TWENTY-TWO OF THE LABOR LAW, MAY SUBMIT  A  BID  THAT  DOES  NOT
INCLUDE  A  PROJECT  LABOR  AGREEMENT  AND SUCH CONTRACT FOR PUBLIC WORK
SHALL BE AWARDED TO THE CONTRACTOR WITH THE LOW BID REGARDLESS OF WHETH-
ER  A  PROJECT  LABOR  AGREEMENT  WAS  INCLUDED  IN  A  CONTRACTOR'S BID
PROPOSAL.
  S 4. Paragraph (a) of subdivision 2 of section 222 of the  labor  law,
as  added by section 18 of part MM of chapter 57 of the laws of 2008, is
amended to read as follows:
  (a) [Any] EXCEPT AS PROVIDED IN SECTION TWENTY-EIGHT HUNDRED  EIGHTY-B
OF  THE PUBLIC AUTHORITIES LAW OR SECTION ONE HUNDRED FORTY-EIGHT OF THE
STATE FINANCE LAW, ANY agency, board, department, commission or  officer
of  the  state  of  New York, or of any political subdivision thereof as
defined in section one hundred of the general municipal  law,  municipal
corporation  as defined in section sixty-six of the general construction
law, public benefit corporation, or local or state authority as  defined
in  section  two  of the public authorities law having jurisdiction over
the public work may require a contractor  awarded  a  contract,  subcon-
tract,  lease, grant, bond, covenant or other agreement for a project to
enter into a project labor agreement during and for  the  work  involved
with  such  project  when such requirement is part of the agency, board,
department, commission or officer of the state of  New  York,  political
subdivision,  municipal corporation, public benefit corporation or local
or state authority having jurisdiction over the public work request  for
proposals  for  the  project  and  when  the  agency, board, department,
commission or officer of the state of New York,  political  subdivision,
municipal  corporation,  public  benefit  corporation  or local or state
authority having jurisdiction over the public work determines  that  its
interest  in  obtaining  the  best  work  at  the lowest possible price,
preventing favoritism, fraud and corruption,  and  other  considerations
such as the impact of delay, the possibility of cost savings advantages,
and  any  local  history  of  labor  unrest, are best met by requiring a
project labor agreement.
  S 5. This act shall take effect on the sixtieth  day  after  it  shall
have  become  a  law  and shall expire 5 years after such effective date
when upon such date the provisions of this act shall be deemed repealed.
This act shall control all contracts advertised or solicited for bid  on
or  after the effective date of this act under the provisions of any law
requiring contracts to be let pursuant to provisions of law  amended  by
this act.