New York S 3973: Relates to project labor agreement feasibility studies and apprenticeship agreements

Bill Text

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S03973 Summary:

BILL NOS03973 

&nbsp

SAME ASNo Same As

&nbsp

SPONSORSEPULVEDA

&nbsp

COSPNSR

&nbsp

MLTSPNSR

&nbsp

Amd §§222 & 816-b, Lab L

&nbsp

Relates to project labor agreement feasibility studies and apprenticeship agreements; provides the study shall look to see if there will be a negative impact on opportunities for minority, women or service-disabled veteran owned businesses; provides such feasibility studies shall be provided to the public for review and comment.

Go to top S03973 Actions:

BILL NOS03973 

&nbsp

01/31/2025REFERRED TO LABOR

01/07/2026REFERRED TO LABOR

Go to topS03973 Committee&nbspVotes:

Go to topS03973 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topS03973 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 3973

 2025-2026 Regular Sessions

 IN SENATE

 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:

 1 Section 1. Subdivision 2 of section 222 of the labor law is amended by
 2 adding a new paragraph (f) to read as follows:
 3 (f) (i) Where any contract as defined by this section seeks to engage
 4 a project labor agreement as defined in subdivision one of this section,
 5 a feasibility study must be conducted first to determine whether such
 6 project labor agreement will further its interest in obtaining the best
 7 work at the lowest possible price, preventing favoritism, fraud and
 8 corruption. The feasibility study shall take into account the impact the
 9 project labor agreement will have on competition and the impact the
 10 project labor agreement will have on opportunities for minority, women
 11 and service-disabled veteran owned business enterprises.
 12 (ii) Such feasibility study shall, in its entirety and unredacted, be
 13 provided to the public for review and comment prior to inclusion in any
 14 bidding and contract documents. Where, taking those factors into
 15 account, the feasibility study concludes there is no net advantage to
 16 the public or that there will be a negative impact on opportunities for
 17 minority, women or service-disabled veteran owned business enterprises,
 18 such project labor agreement shall not be authorized.
 19 § 2. Subdivision 2 of section 816-b of the labor law, as amended by
 20 chapter 669 of the laws of 2023, is amended to read as follows:
 21 2. Notwithstanding any other provision of this article, of section one
 22 hundred three of the general municipal law, of section one hundred thir-
 23 ty-five of the state finance law, of section one hundred fifty-one of
 24 the public housing law, or of any other general, special or local law or
 25 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

 1 governmental entity, including any city governmental entity, that is to
 2 be a direct or indirect party to such contract may require that any
 3 contractors and subcontractors have, prior to entering into such
 4 contract, apprenticeship agreements appropriate for the type and scope
 5 of work to be performed, that have been registered with, and approved
 6 by, the commissioner pursuant to the requirements found in this article.
 7 A city governmental entity that is a direct or indirect party to a
 8 contract may establish in its specifications a requirement that, in
 9 performing the work, the contractor and its subcontractors utilize a
 10 minimum ratio of apprentices to journey-level workers, as established by
 11 the governmental entity but subject to any maximum ratio established by
 12 the department, for any classification appropriate for the type and
 13 scope of work to be performed, provided that no such minimum ratio shall
 14 be established for labor performed pursuant to a construction contract.
 15 Whenever utilizing these requirements, the governmental entity may, in
 16 addition to whatever c