What's happening
This bill requires state-funded industrial painting and coating contracts to meet specific contractor certifications and worker qualifications for safety and quality.
Why it matters
Raises the bar for contractor qualifications. By mandating nationally recognized certifications (such as SSPC QP-1/QP-2 or NACE/NIICAP equivalents), the bill sets a higher industry standard, aiming to ensure only companies with proven expertise handle complex or hazardous industrial painting projects.
Directly targets worker safety and environmental health. Requiring specific certifications for hazardous paint removal (like lead-based paint) addresses both worker protection and the reduction of environmental contamination, responding to concerns about toxic exposures and improper remediation on public works projects.
Improves quality and accountability on state-funded projects. By specifying the need for certified specialist workers on every crew and requiring up-to-date credentials throughout the contract term, the bill seeks to reduce project failures, costly mistakes, and premature deterioration, ultimately saving public money in the long run.
Establishes enforceable consequences. Violations of these certification requirements can result in contract cancellation, giving the state a clear mechanism to hold contractors accountable and deterring non-compliance.
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Who cares
Headline styles
Require Certified Painting Contractors
Plain English, a few words. Used as the page title.
Sponsors
1 Co-sponsor
History
- Referred to governmental operations
- Delivered to assembly
- Passed senateVote 60–0
- Advanced to third reading
- 2nd report cal.
- 1st report cal.247
- Referred to finance
- Returned to senate
- Died in assembly
- Referred to governmental operations
- Delivered to assembly
- Passed senateVote 62–0
Show 5 earlier actions
- Ordered to third reading cal.1599
- Committee discharged and committed to rules
- Print number 3561a
- Amend and recommit to finance
- Referred to finance
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Certify Industrial Painting Contractors
In Assembly Committee · Governmental Operations · Sponsor Monica P. Wallace
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
3561--A
2019-2020 Regular Sessions
IN SENATE
February 8, 2019
Introduced by Sen. KENNEDY -- read twice and ordered printed, and when printed to be committed to the Committee on Finance -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee
AN ACT to amend the state finance law, the highway law and the public authorities law, in relation to certain contracts involving industrial painting and industrial coatings
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. The state finance law is amended by adding a new section 136-d to read as follows:
§ 136-d. Contracts involving industrial painting and industrial coatings. 1. Any contract receiving state financial assistance that includes industrial painting or industrial coating shall include provisions regarding contractor, subcontractor and worker certification as follows:
a. Contractors and subcontractors doing work involving industrial painting and industrial coatings shall be certified by the society for protective coatings' painting contractor certification program to a QP-1 certification entitled "Standard Procedure for Evaluating Qualifications of Painting Contractors: Field Application to Complex Structures," or an equivalent certification and/or accreditation, including but not limited to an accreditation provided by the NACE International Institute Contractor Accreditation Program (NIICAP) AS-1 "Field and/or Shop Coating Accreditation".
b. Contractors and subcontractors doing work involving industrial painting and industrial coatings that requires the disturbance of lead based paint or other hazardous materials shall be certified to society for protective coatings' QP-2 certification "Standard Procedure for Evaluating the Qualifications of Painting Contractors to Remove Hazardous Paint," or an equivalent certification, including but not limited to an accreditation provided by the NACE International Institute Contractor
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00400-02-9
S. 3561--A 2
Accreditation Program (NIICAP) AS-2 "Hazardous Waste Removal and Remediation Accreditation".
c. Contractors and subcontractors shall be required to have at least two coatings application specialist level II or Certified Coating Applicator Specialist, SSPC ACS-1/NACE 13 certified craft workers. One such certified craft worker shall be required to be present for all crews up to four crew members. For each crew larger than four members, an additional coatings application specialist level II or Certified Counting Applicator Specialist SSPC ACS-1/NACE 13 certified craft worker shall be present on each painting or blasting crew during blast cleaning and spray application operations.
2. For the purposes of this section, a crew member is a person who is on the job performing handheld nozzle blast cleaning or spray application of protective coatings on a steel structure.
3. Any certifications required by this section shall be kept current for the duration of the contract.
4. Any violation of this section shall be grounds for cancellation of the contract.
§ 2. Section 38 of the highway law is amended by adding a new subdivision 2-b to read as follows:
2-b. Contracts; industrial painting and industrial coatings. In regards to contracts for construction or improvement of highways that utilize industrial painting or industrial coatings, the commissioner shall certify that such project complies with the requirements of section one hundred thirty-six-d of the state finance law.
§ 3. Subdivision 3 of section 1285-s of the public authorities law, as added by section 7 of part T of chapter 57 of the laws of 2017, is amended to read as follows:
3. Intermunicipal water quality infrastructure projects financed with state financial assistance made available pursuant to this section shall be subject to the requirements of article eight of the labor law, the requirements of article seventeen-B of the executive law, the requirements of section one hundred thirty-six-d of the state finance law and the requirements and provisions of all applicable minority- and womenowned business mandates including, but not limited to article fifteen-A of the executive law.
§ 4. This act shall take effect immediately.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the state finance law, the highway law and the public authorities law, in relation to certain contracts involv- ing industrial painting and industrial coatings
SUMMARY OF PROVISIONS::
Section one amends the state finance law to provide that any contract receiving state financial assistance that includes industrial painting or coating shall include workers certified to conduct the work.
Section 2 amends the highway law to provide that any highway contracts must follow the provisions set in section one.
Section 3 provides that any intermunicipal water quality infrastructure projects must follow the same training requirements for industrial painting and coating projects.
Section 4 sets the effective date.
JUSTIFICATION::
When approving state money for industrial painting and coating projects, it is important that workers are qualified to perform the work in a safe and efficient manner. The SSPC Coating Application Specialist Certif- ication Program is an industry approved training course that trains both union and non-union painting and coating workers. These workers are trained on how to perform work safely to avoid serious injury, how to best apply coats so that the work performed lasts for the life of the project, and how to properly dispose of dangerous chemicals used in the painting process. Further, the industrial painting industry has become more complex, leading to different levels of skill depending on the company selected.
Other states, including Connecticut, have enacted standards in state funded contracts that incorporate SSPC training in painting and coating contracts. By incorporating similar standards in New York, painting and coating jobs will be performed correctly from the start, avoiding the need to go back and redo any jobs that were not performed correctly.
Fiscal impact
None.
PRIOR LEGISLATIVE HISTORY::
2017-18: S.843/A.11349
EFFECTIVE DATE::
This act shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.