S 3973: 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.

  
  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 considerations are required by law, consider the 17 degree to which career opportunities in apprenticeship training programs 18 approved by the commissioner may be provided. Prior to requiring any 19 contractors and subcontractors to have, prior to entering into any 20 construction contract, apprenticeship agreements as defined in section 21 eight hundred sixteen of this article, the government entity must 22 conduct an analysis of the impact such a requirement would have on 23 competition and on opportunities for minority, women and service-disa- 24 bled veteran owned business enterprises. Such unredacted complete analy- 25 sis shall be provided to the public for review and comment prior to 26 implementation. 27 § 3. Subdivision 2 of section 816-b of the labor law, as added by 28 chapter 571 of the laws of 2001, is amended to read as follows: 29 2. Notwithstanding any other provision of this article, of section one 30 hundred three of the general municipal law, of section one hundred thir- 31 ty-five of the state finance law, of section one hundred fifty-one of 32 the public housing law, or of any other general, special or local law or 33 administrative code, in entering into any construction contract, a 34 governmental entity which is to be a direct or indirect party to such 35 contract may require that any contractors and subcontractors have, prior 36 to entering into such contract, apprenticeship agreements appropriate 37 for the type and scope of work to be performed, that have been regis- 38 tered with, and approved by, the commissioner pursuant to the require- 39 ments found in this article. Whenever utilizing this requirement, the 40 governmental entity may, in addition to whatever considerations are 41 required by law, consider the degree to which career opportunities in 42 apprenticeship training programs approved by the commissioner may be 43 provided. Prior to requiring any contractors and subcontractors to have, 44 prior to entering into any construction contract, apprenticeship agree- 45 ments as defined in section eight hundred sixteen of this article, the 46 government entity must conduct an analysis of the impact such a require- 47 ment would have on competition and on opportunities for minority, women 48 and service-disabled veteran owned business enterprises. Such unredacted 49 complete analysis shall be provided to the public for review and comment 50 prior to implementation. 51 § 4. This act shall take effect immediately; provided that the amend- 52 ments to subdivision 2 of section 816-b of the labor law made by section 53 two of this act shall be subject to the expiration and reversion of such 54 subdivision pursuant to section 11 of chapter 669 of the laws of 2023, 55 as amended, when upon such date the provisions of section three of this 56 act shall take effect.