Relates to requiring the use of project labor agreements for large scale construction projects under the state university construction fund; provides an exception to such requirement may be granted; provides that the fund may require every contractor become party to a project labor agreement.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A5486
SPONSOR: Joyner TITLE OF BILL:
An act to amend the education law, in relation to requiring the use of
project labor agreements for large scale construction projects under the
state university construction fund
PURPOSE OR GENERAL IDEA OF BILL:
The purpose of this bill is ensuring that when large scale construction
projects are undertaken by the State University Construction Fund, they
will be required to use a project labor agreement.
SUMMARY OF PROVISIONS:
Amend section 370 of the education law by adding a new subdivision 6a to
state that large scale construction projects are approved by the state
university and the total estimated cost is 3 million dollars or more.
Amend section 376 of the education law to include that each contract for
a large-scale construction project must have a project labor agreement
and exceptions may be granted if specific written explanations are
provided. This act shall take effect on the ninetieth day it shall
become a law and shall apply to all contracts entered, renewed, modi-
fied, or amended on or after such date.
JUSTIFICATION:
The State University of New York (SUNY) system has educated generations
of New York residents, helping them gain the knowledge they need to
secure good jobs and create strong careers for themselves. Historically,
the SUNY system has also fostered the creation of thousands of jobs for
local construction workers as a part of building and maintaining campus-
es throughout the state. Through the State's commitment and collective
work of construction workers and contractors, New York has been able to
create a public higher education system with state-of-the-art facilities
and top-quality education. This partnership has allowed countless New
York construction workers to create strong careers in the industry and
continue supporting the tax base that funds the university system for
our state.
Unfortunately, in recent years there's been a change in how SUNY builds
and maintains university facilities and campuses. While these contracts
use public, taxpayer dollars to finance development and come with
prevailing wage requirements, they're increasingly being awarded to
out-of-state companies that lack necessary NYS-based workers' compen-
sation and insurance policies, and have histories of unsafe building
practices, wage theft, and other labor issues. There's also been an
influx in out-of-state workers being used on these jobs, barring New
York's construction workers from being able to secure these prevailing
wage jobs in their communities.
Implementing a statewide project labor agreement (PLA) for SUNY-funded
construction projects of $3 million or more will address these issues
and restore accountability to the public university procurement process.
PLAs support the use of New York-based responsible contractors and
create good jobs for local workers. Data shows PLAs also lead to cost-
savings and more efficient development - further ensuring SUNY responsi-
bly uses taxpayer dollars. Additionally, implementing a PLA will allow
Building Trades unions to offer more opportunities for New Yorkers to
join the unionized construction industry and create lifelong careers
with family-sustaining wages, healthcare, and retirement security vital
opportunities for New Yorkers.
PRIOR LEGISLATIVE HISTORY:
None
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
TBD
EFFECTIVE DATE:
This act shall take effect on the ninetieth day after it shall have
become a law and shall apply to all contracts entered into, renewed,
modified or amended on or after such a date.
