NY State Senate Bill 2019-S9052

Senate Bill S9052

2019-2020 Legislative Session

Relates to prioritizing union labor for certain transit projects of the metropolitan transportation authority

download bill text pdf

Archive: Last Bill Status - In Senate Committee Rules Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Oct 14, 2020	referred to rules

2019-S9052 (ACTIVE) - Details

See Assembly Version of this Bill:: A11096
Current Committee:: Senate Rules
Law Section:: Public Authorities Law
Laws Affected:: Amd §1265-a, Pub Auth L
Versions Introduced in Other Legislative Sessions:: 2021-2022: S4183, A2465
2023-2024: S2456, A9532

2019-S9052 (ACTIVE) - Summary

Requires the metropolitan transportation authority to prioritize and hire union labor for proposed public work before making a contract available for public bidding.

2019-S9052 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S9052

SPONSOR: COMRIE
 
TITLE OF BILL:

An act to amend the public authorities law, in relation to prioritizing
union labor for certain transit projects of the metropolitan transporta-
tion authority

 
PURPOSE:

This bill will ensure that the Metropolitan Transportation Authority
proactively seek union labor for its public work projects; the MTA may
higher contractors only after submitting a written notice to the NYC
Commissioner of Transportation, the NYC commissioner of Labor, and the
NYC comptroller explaining that they have made significant effort--and
yet have still failed--to secure union labor for their public work
project.

 
SUMMARY OF PROVISIONS:

Section one amends the title of section 1265-a of the public authorities
law to read, "Union labor and contracts for public work."

Section two adds a new subdivision to section 1265-a of the public
authorities law that requires the MTA to seek union labor for their
public work projects, and explains the formal process it must use in
order to publish contracts for public bidding for said projects.

Section three establishes that the act shall take effect immediately.

 
EXISTING LAW:

Section 1265-a of the public authorities law, permits the Metropolitan
Transportation Commuter Authority "MTA" to publish contracts for public
bidding for the purposes of public work.

 
JUSTIFICATION:

During the COVID-19 pandemic, the MTA secured the services of out-of-
state contractors for various emergency, sanitizing, and other public
work projects. Several local unions, whose membership have experience
working in MTA projects and have the expertise and skills to work on
public transportation projects, were dissatisfied at their lack of
involvement in the various public transit sanitizing and restoration
works related to COVID-19, particularly at a time when so many union
workers have lost work and income due to pandemic shutdown. This bill
encourages the MTA to progressively seek union labor for their public
work projects, while still providing a pathway to hire contractors
should union labor be unavailable or unfeasible for a particular public
work project.

 
LEGISLATIVE HISTORY:

N/A.

 
FISCAL IMPLICATIONS:

To be determined.
 
LOCAL FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
Immediate.

2019-S9052 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9052
 
                             I N  S E N A T E
 
                             October 14, 2020
                                ___________
 
 Introduced  by  Sen.  COMRIE -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to amend the public authorities law, in relation to  prioritizing
   union labor for certain transit projects of the metropolitan transpor-
   tation authority
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The section heading of section 1265-a of the public author-
 ities law, as added by chapter 929 of the laws of 1986,  is  amended  to
 read as follows:
   [Contracts] UNION LABOR AND CONTRACTS FOR PUBLIC WORK.
   § 2. Section 1265-a of the public authorities law is amended by adding
 a new subdivision 1-a to read as follows:
   1-A.  UNION  LABOR. (A) FOR ANY CONTRACT FOR PUBLIC WORK THE AUTHORITY
 SHALL FIRST MAKE SUBSTANTIVE EFFORT TO UTILIZE UNION LABOR  FOR  ALL  OR
 SIGNIFICANT ASPECTS OF THE PUBLIC WORK.
   (B)  THE AUTHORITY SHALL DETERMINE THE FEASIBILITY AND APPROPRIATENESS
 OF UNION LABOR BY TAKING INTO CONSIDERATION, AMONG  OTHER  FACTORS,  THE
 AVAILABILITY  OF SKILLS AND EXPERTISE IN RELATION TO THE REQUIREMENTS OF
 THE PUBLIC WORK.
   (C) SUBSTANTIVE EFFORTS TO SECURE UNION LABOR FOR PROPOSED PUBLIC WORK
 SHALL INCLUDE BUT NOT BE LIMITED  TO,  PUBLISHING  AND  ADVERTISING  THE
 PROPOSED  PUBLIC  WORK, CONDUCTING OUTREACH TO RELEVANT LABOR UNIONS AND
 HOLDING A MEETING REGARDING THE NATURE AND TERMS OF SUCH PROPOSED PUBLIC
 WORK.
   (D) UPON FAILING TO SECURE UNION  LABOR  AND  PRIOR  TO  PUBLISHING  A
 CONTRACT  FOR  PUBLIC WORK, THE AUTHORITY SHALL SEND A WRITTEN NOTICE TO
 THE CITY COMMISSIONER OF TRANSPORTATION, THE COMPTROLLER  AND  THE  CITY
 COMMISSIONER OF LABOR EXPLAINING WITH SPECIFIC DETAIL:
   (I)  THE  EFFORT  THE  AUTHORITY  MADE  TO  SECURE UNION LABOR FOR THE
 PROPOSED PUBLIC WORK;
   (II) THAT SUCH EFFORT FAILED; AND
   (III) THE INTENTION OF THE AUTHORITY TO PUBLISH A CONTRACT FOR  PUBLIC
 BIDDING AS A RESULT.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD17406-04-0

 S. 9052                             2
 
   (E)  THE AUTHORITY SHALL SPEND A MINIMUM OF TWENTY BUSINESS DAYS SEEK-
 ING UNION LABOR FOR THE PROPOSED PUBLIC WORK.
   (F)  CONTRACT  FOR PUBLIC WORK MAY BE PUBLISHED FOR BIDDING ONLY AFTER
 SUBSTANTIVE EFFORT TO ENGAGE AND SECURE UNION LABOR HAS BEEN MADE BY THE
 AUTHORITY AND ONLY AFTER WRITTEN NOTICE HAS BEEN SUBMITTED TO  THE  CITY
 COMMISSIONER OF TRANSPORTATION, THE COMPTROLLER AND THE CITY COMMISSION-
 ER OF LABOR.
   § 3. This act shall take effect immediately.

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