Relates to the inclusion of certain off-site custom fabrication as public work for the purposes of payment of prevailing wage, the official text

S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  2536--A
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             January 21, 2025
                                ___________
 
 Introduced  by  Sens.  JACKSON,  ADDABBO,  BROUK,  CHAN, CLEARE, COMRIE,
   FERNANDEZ,  GONZALEZ,  HARCKHAM,  HINCHEY,  HOYLMAN-SIGAL,   KAVANAGH,
   KRUEGER,  MARTINS,  MATTERA, MAYER, OBERACKER, PALUMBO, PARKER, RAMOS,
   RHOADS, C. RYAN, S. RYAN, SALAZAR, SCARCELLA-SPANTON, SERRANO,  SKOUF-
   IS,  STAVISKY, WEBER, WEIK -- read twice and ordered printed, and when
   printed to be  committed  to  the  Committee  on  Labor  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 AN  ACT to amend the labor law, in relation to inclusion of certain off-
   site custom fabrication as public work for the purposes of payment  of
   prevailing wage
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1.  Subdivision 3 of section 220 of the labor law  is  amended
 by adding a new paragraph (f) to read as follows:
   (F)  (I)  FOR  THE PURPOSES OF THIS SUBDIVISION CONTRACTORS OR SUBCON-
 TRACTORS ENGAGED IN CUSTOM FABRICATION SHALL NOT BE REGARDED AS MATERIAL
 SUPPLIERS. FOR THE PURPOSES OF THIS SUBDIVISION, A LEGAL DAY'S WORK  FOR
 WHICH  THE PREVAILING RATE OF WAGES FOR THE NEW YORK COUNTY IN WHICH THE
 PUBLIC WORKS PROJECT IS SITUATED SHALL BE PAID TO LABORERS, WORKERS  AND
 MECHANICS  SHALL  INCLUDE  CUSTOM  FABRICATION REGARDLESS OF WHETHER THE
 CUSTOM FABRICATION OCCURS ON-SITE, OFF-SITE, OR IN ANOTHER  JURISDICTION
 OUTSIDE THE STATE WHERE THE CUSTOM FABRICATION CONSTITUTES A SIGNIFICANT
 PORTION OF THE BUILDING OR WORK, IT SHALL BE A CONDITION OF THE CONTRACT
 CONCERNING  ALL  SUCH  CUSTOM  FABRICATION  WORK  THAT THE CONTRACTOR OR
 EMPLOYER AWARDED THE PUBLIC WORK  CONTRACT,  EXCEPT  WHERE  THE  PROJECT
 INCLUDES  FEDERAL  FUNDING THAT TRIGGERS FEDERAL RULES FOR WAGE REQUIRE-
 MENTS, AND ANY SUBCONTRACTOR THERETO SHALL PAY  THE  ON-SITE  PREVAILING
 WAGE  REQUIRED  FOR  WORKERS  AT  THE SITE OF THE PUBLIC WORK PROJECT TO
 THOSE WORKERS PERFORMING THE CUSTOM FABRICATION.  TO  PERFORM  A  PUBLIC
 WORKS  CONTRACT  EACH  CONTRACTOR  OR  SUBCONTRACTOR WHO EMPLOYS WORKERS
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00331-02-5
 S. 2536--A                          2
 
 OFF-SITE FOR THE CUSTOM  FABRICATION  WORK  RELATED  TO  A  PUBLIC  WORK
 PROJECT  SHALL MAINTAIN CERTIFIED PAYROLLS FOR THOSE WORKERS AND PROVIDE
 SUCH PAYROLLS, WITH ORIGINAL CERTIFICATIONS, TO THE DEPARTMENT AT  LEAST
 ANNUALLY  AND  UPON  REQUEST,  AND SHALL COMPLY WITH SECTION TWO HUNDRED
 TWENTY-I OF THIS ARTICLE, AS APPLICABLE.    FOR  THE  PURPOSES  OF  THIS
 SUBDIVISION  THE  TERM  "CUSTOM  FABRICATION"  SHALL INCLUDE, BUT NOT BE
 LIMITED TO, THE FABRICATION OF EXTERIOR OR INTERIOR WALL PANEL  SYSTEMS,
 WOODWORK, ELECTRICAL, PLUMBING, HEATING, COOLING, VENTILATION OR EXHAUST
 DUCT  SYSTEMS, REBAR CAGES, AND MECHANICAL INSULATION SOLELY AND SPECIF-
 ICALLY DESIGNED AND ENGINEERED FOR  INSTALLATION  IN  THE  CONSTRUCTION,
 REPAIR OR RENOVATION OF A BUILDING WHICH IS THE SUBJECT OF A CONTRACT TO
 WHICH  THE  STATE,  A DEPARTMENT OF THE STATE, A BOARD OR OFFICER IN THE
 STATE, A MUNICIPAL  CORPORATION,  A  PUBLIC  BENEFIT  CORPORATION  OR  A
 COMMISSION  APPOINTED  PURSUANT  TO LAW IS A PARTY.  FOR THE PURPOSES OF
 THIS SUBDIVISION, A "SIGNIFICANT PORTION OF BUILDING OR WORK" MEANS THAT
 PORTIONS OR MODULES OF THE BUILDING  OR  WORK,  AS  OPPOSED  TO  SMALLER
 PREFABRICATED  COMPONENTS, ARE DELIVERED TO THE PLACE WHERE THE BUILDING
 OR WORK WILL REMAIN, WITH MINIMAL CONSTRUCTION WORK REMAINING OTHER THAN
 THE INSTALLATION AND/OR ASSEMBLY OF THE PORTIONS OR MODULES.
   (II) THE DEPARTMENT OF JURISDICTION, AS DEFINED IN SUBDIVISION THREE-A
 OF THIS SECTION AND INCLUDING ANY ENTITY  TO  WHOM  SUCH  DEPARTMENT  OF
 JURISDICTION  DELEGATES  THEIR AUTHORITY, SHALL BE REQUIRED TO REPORT TO
 THE FISCAL OFFICER THE INTENTION TO CONTRACT FOR CUSTOM, OFF-SITE FABRI-
 CATION OF ANY MATERIALS ON ALL  CONTRACTS,  REGARDLESS  OF  THE  AMOUNT,
 WHICH  MAY  INCLUDE  THE EMPLOYMENT OF LABORERS, WORKERS OR MECHANICS IN
 THE APPLICATION TO THE FISCAL OFFICER FOR THE APPROVAL OF SUCH CONTRACT.
 THE DEPARTMENT OF JURISDICTION'S REPORT SHALL STATE THE NAME AND ADDRESS
 OF THE OFF-SITE, CUSTOM FABRICATOR, IDENTIFY THE CUSTOM  MATERIALS  THAT
 ARE  BEING  FABRICATED  OFF-SITE AND THE QUANTITY THEREOF, THE ESTIMATED
 AND ACTUAL COST OF THE OFF-SITE FABRICATION, AND THE ESTIMATED NUMBER OF
 WORKERS EMPLOYED TO COMPLETE THE  CUSTOM  FABRICATION  AT  THE  OFF-SITE
 LOCATION.
   § 2. This act shall take effect on the one hundred eightieth day after
 it  shall  have become a law and shall apply only to those contracts put
 out to bid on or after such effective date.  Effective immediately,  the
 addition,  amendment  and/or  repeal of any rule or regulation necessary
 for the implementation of this act on its effective date are  authorized
 to be made and completed on or before such effective date.