BILL NUMBER: S5475B
SPONSOR: JACKSON
 
TITLE OF BILL:
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; and providing for the repeal of certain provisions upon
expiration thereof
 
PURPOSE:
To ensure that construction and fabrication done off the public work
site for specific use only in a public work project be compensated at
the prevailing wage rate.
 
SUMMARY OF PROVISIONS:
Section 1 states the legislative findings and intent.
Section 2 adds a new paragraph (f) to subdivision 3 of Section 220 of
the Labor Law to provide that the prevailing wage law shall apply to the
fabrication of exterior or interior wall panel systems, the fabrication
of woodwork, cases, cabinets or counters and the fabrication of plumb-
ing, heating, cooling, ventilation or exhaust duct systems, and mechan-
ical insulation solely and specifically 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 municipal
corporation, a public benefit corporation or a commission appointed
pursuant to law is a party. Further, the department of jurisdiction
shall be required to report to the fiscal officer the intention to
contract for custom, off-site fabrication of any materials on all
contacts 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 shall also have reporting
requirements that the fiscal officer must make available to the public
through its website.
Section 3 is the effective date.
 
JUSTIFICATION:
The courts have ruled that prevailing wages for public work should be
based on what governmental entity is requiring and contracting for said
work. By adding custom fabrication to the prevailing wage law we are
extending the protections of section 220 to skilled workers off the job
site, ensuring that their wages are fair and equitable. It has become
clear over the last several years that some unscrupulous contractors are
circumventing the spirit and intent of prevailing wage law. Since
prevailing wage also creates fair bidding mechanisms for union and
nonunion workers, there should be an increase in the number of talented,
skilled workers willing to ply their trade for public contracts in
custom fabrication.
 
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE):
The B-print amendments would limit the application of the prevailing
wage requirements through the addition of a project-cost threshold and
the exclusion of projects receiving federal funds that trigger the
federal rules for wage requirements. The amendments would also clarify
that the drafting of technical drawings and plans would be considered
covered work under the bill, expand the reporting requirements, and
alter the effective date language.
 
LEGISLATIVE HISTORY:
2021-2022: 5.8963 - Reported and Committed to Finance/A.8494-A Reported
and Referred to Ways and Means STATE AND LOCAL FISCAL IMPLICATIONS: None
to the State.
 
EFFECTIVE DATE:
This act would take effect on the sixtieth day after it shall have
become a law and would apply only to those contracts put out to bid on
or after such effective date; provided, however, that subparagraph (i)
of paragraph (f) of subdivision 3 of section 220 of the labor law, as
added by section two of this act, would expire and be deemed repealed
upon the ruling of a court of competent jurisdiction that the require-
ments of such subparagraph are unenforceable on fabricators located
outside the state; provided, further, that the commissioner of labor
would notify the legislative bill drafting commission upon the occur-
rence of such a court ruling in order that the commission may maintain
an accurate and timely effective data base of the official text of the
laws of the state of New York in furtherance of effectuating the
provisions of section.

Statutes affected:
S5475: 220 labor law, 220(3) labor law
S5475A: 220 labor law, 220(3) labor law
S5475B: 220 labor law, 220(3) labor law