What's happening
This bill requires public feasibility studies and impact analyses on competition and minority, women, and service-disabled veteran business opportunities before approving project labor agreements or apprenticeship requirements in public construction contracts.
Why it matters
Increases transparency and public input. by requiring that feasibility studies and impact analyses for project labor agreements and apprenticeship requirements be made fully available to the public for review and comment before any decisions are finalized, allowing stakeholders to voice concerns or support.
Aims to protect business diversity and fair competition. by mandating that any labor agreement or apprenticeship requirement must be evaluated for its impact on competition and specifically on opportunities for minority, women, and service-disabled veteran owned business enterprises, potentially preventing rules that would unfairly disadvantage these groups.
Sets a higher bar for approving project labor agreements. by prohibiting them if a feasibility study finds no net public advantage or if they negatively impact opportunities for underrepresented business owners, ensuring that such agreements serve the broader public interest.
Could influence who wins public construction contracts. by requiring government entities to rigorously justify any requirement for union labor or registered apprenticeship programs, possibly opening more opportunities for non-union and smaller, diverse contractors if restrictive requirements are shown to have negative effects.
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Who cares
Headline styles
Require Public Labor Studies
Plain English, a few words. Used as the page title.
Sponsors
Senator · Senate District 32
No co-sponsors yet.
History
- Referred to labor
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
8003
IN SENATE
March 9, 2020
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 Assembly, do enact as follows:
Section 1. Subdivision 2 of section 222 of the labor law is amended by adding a new paragraph (f) to read as follows:
(f) (i) Where any contract as defined by this section seeks to engage a project labor agreement as defined in subdivision one of this section, a feasibility study must be conducted first to determine whether such project labor agreement will further its interest in obtaining the best work at the lowest possible price, preventing favoritism, fraud and corruption. The feasibility study shall take into account the impact the project labor agreement will have on competition and the impact the project labor agreement will have on opportunities for minority, women and service-disabled veteran owned business enterprises.
(ii) Such feasibility study shall, in its entirety and unredacted, be provided to the public for review and comment prior to inclusion in any bidding and contract documents. Where, taking those factors into account, the feasibility study concludes there is no net advantage to the public or that there will be a negative impact on opportunities for minority, women or service-disabled veteran owned business enterprises, such project labor agreement shall not be authorized.
§ 2. Section 2 of section 816-b of the labor law, as added by chapter 571 of the laws of 2001, is amended to read as follows:
2. Notwithstanding any other provision of this article, of section one hundred three of the general municipal law, of section one hundred thirty-five of the state finance law, of section one hundred fifty-one of the public housing law, or of any other general, special or local law or administrative code, in entering into any construction contract, a governmental entity which is to be a direct or indirect party to such contract may require that any contractors and subcontractors have, prior to entering into such contract, apprenticeship agreements appropriate
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD15411-01-0
S. 8003 2
for the type and scope of work to be performed, that have been registered with, and approved by, the commissioner pursuant to the requirements found in this article. Whenever utilizing this requirement, the governmental entity may, in addition to whatever considerations are required by law, consider the degree to which career opportunities in apprenticeship training programs approved by the commissioner may be provided. Prior to requiring any contractors and subcontractors to have, prior to entering into any construction contract, apprenticeship agreements as defined in section eight hundred sixteen of this article, the government entity must conduct an analysis of the impact such a requirement would have on competition and on opportunities for minority, women and service-disabled veteran owned business enterprises. Such unredacted complete analysis shall be provided to the public for review and comment prior to implementation.
§ 3. 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 labor law, in relation to project labor agreement feasibility studies and apprenticeship agreements
Purpose
To require a feasibility study prior to engagement in any project labor and apprenticeship agreement.
Summary of provisions
Section 1 amends subdivision 2 of section 222 of the labor law.
Section 2 amends section 2 of section 816-b of the labor law, as added by chapter 571 of the laws of 2001.
Section 3 provides an effective date.
Justification
This bill ensures an unredacted, public feasibility study is created and released prior to the engagement in any project labor or apprenticeship agreement, allowing for the analysis of impact on minority, women and service-disabled veteran owned businesses. The conduction of this study determines whether or not the interest is receiving the best work for the lowest price, as well as preventing favoritism, fraud and corruption. This study shall be published, in its entirety, publicly to allow for public review and comment.
Legislative history
This is a new bill.
Fiscal implications
None.
Local fiscal implications
None.
Effective date
This act shall take effect immediately after it shall have become law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.