Assembly Bill A10362B

Signed By Governor
2023-2024 Legislative Session

Authorizes the use of owner-controlled and contractor-controlled insurance

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Current Bill Status - Signed by Governor

  • 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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Bill Amendments

2023-A10362 - Details

See Senate Version of this Bill:
S9327
Law Section:
Insurance Law
Laws Affected:
Amd §2504, Ins L

2023-A10362 - Summary

Authorizes the use of owner-controlled and contractor-controlled insurance for certain construction projects; requires a report on the use of such insurance.

2023-A10362 - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10362
 
                           I N  A S S E M B L Y
 
                               May 21, 2024
                                ___________
 
 Introduced  by COMMITTEE ON RULES -- (at request of M. of A. Wallace) --
   read once and referred to the Committee on Insurance
 
 AN ACT to amend the insurance law, in relation to authorizing the use of
   owner-controlled and contractor-controlled  insurance;  and  to  amend
   chapter  602  of the laws of 2023, amending the insurance law relating
   to  exempting  certain  public  construction  projects  from   certain
   restrictions,  in  relation to expanding a report on the use of owner-
   controlled and contractor-controlled insurance
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraph 2 of subsection (a) of section 2504 of the insur-
 ance  law,  subparagraphs (A) and (B) as amended and subparagraph (C) as
 added by chapter 602 of the laws of 2023, is amended to read as follows:
   (2) [In paragraph one hereof, "public corporation" and "public author-
 ity"] THE REQUIREMENTS OF PARAGRAPH ONE OF  THIS  SUBSECTION  shall  not
 include:
   (A)  a  public  corporation  or  public  authority created pursuant to
 agreement or compact with another state,
   (B) the [city] STATE of New York, A MUNICIPALITY, a public corporation
 or public authority, in connection with the construction  of  electrical
 generating  and  transmission facilities or construction, extensions and
 additions of light rail or heavy rail rapid transit and  commuter  rail-
 roads, or
   (C) the [city] STATE of New York, [the city] A school district [of the
 city of New York], [the New York city] AN industrial development agency,
 [the  New  York  city  health and hospitals corporation, or the New York
 city housing authority] A MUNICIPALITY, PUBLIC  AUTHORITY  OR  MUNICIPAL
 AUTHORITY,  in connection with a contract the principal purpose of which
 is construction that (i) has an estimated cost  of  no  less  than  five
 million  dollars  or  (ii)  is  subject to an owner-controlled insurance
 program for projects, provided that any contract undertaken pursuant  to
 this  subparagraph that has an estimated cost of five million dollars or
 more may only be undertaken pursuant to a  project  labor  agreement  as
 such term is defined in section two hundred twenty-two of the labor law.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

2023-A10362A - Details

See Senate Version of this Bill:
S9327
Law Section:
Insurance Law
Laws Affected:
Amd §2504, Ins L

2023-A10362A - Summary

Authorizes the use of owner-controlled and contractor-controlled insurance for certain construction projects; requires a report on the use of such insurance.

2023-A10362A - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                 10362--A
 
                           I N  A S S E M B L Y
 
                               May 21, 2024
                                ___________
 
 Introduced  by COMMITTEE ON RULES -- (at request of M. of A. Wallace) --
   read once and referred to the  Committee  on  Insurance  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 AN ACT to amend the insurance law, in relation to authorizing the use of
   owner-controlled  and  contractor-controlled  insurance;  and to amend
   chapter 602 of the laws of 2023, amending the insurance  law  relating
   to   exempting  certain  public  construction  projects  from  certain
   restrictions, in relation to expanding a report on the use  of  owner-
   controlled and contractor-controlled insurance
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraph 2 of subsection (a) of section 2504 of the insur-
 ance law, subparagraphs (A) and (B) as amended and subparagraph  (C)  as
 added by chapter 602 of the laws of 2023, is amended to read as follows:
   (2) In paragraph one hereof, "public corporation" and "public authori-
 ty" shall not include:
   (A)  a  public  corporation  or  public  authority created pursuant to
 agreement or compact with another state,
   (B) the city of New York, a public corporation or public authority, in
 connection with the construction of  electrical  generating  and  trans-
 mission  facilities  or  construction, extensions and additions of light
 rail or heavy rail rapid transit and commuter railroads, [or]
   (C) the city of New York, the city school district of the city of  New
 York, the New York city industrial development agency, the New York city
 health  and hospitals corporation, or the New York city housing authori-
 ty, in connection with a contract the  principal  purpose  of  which  is
 construction that (i) has an estimated cost of no less than five million
 dollars  or (ii) is subject to an owner-controlled insurance program for
 projects, provided that any contract undertaken pursuant to this subpar-
 agraph that has an estimated cost of five million dollars  or  more  may
 only be undertaken pursuant to a project labor agreement as such term is
 defined in section two hundred twenty-two of the labor law, OR
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD15222-03-4

2023-A10362B (ACTIVE) - Details

See Senate Version of this Bill:
S9327
Law Section:
Insurance Law
Laws Affected:
Amd §2504, Ins L

2023-A10362B (ACTIVE) - Summary

Authorizes the use of owner-controlled and contractor-controlled insurance for certain construction projects; requires a report on the use of such insurance.

2023-A10362B (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                 10362--B
 
                           I N  A S S E M B L Y
 
                               May 21, 2024
                                ___________
 
 Introduced  by COMMITTEE ON RULES -- (at request of M. of A. Wallace) --
   read once and referred to the  Committee  on  Insurance  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to  said  committee  -- again reported from said committee with amend-
   ments, ordered reprinted as amended and recommitted to said committee

 AN ACT to amend the insurance law, in relation to authorizing the use of
   owner-controlled and contractor-controlled insurance; and in  relation
   to  requiring  reports  on  contracts  subject to owner-controlled and
   contractor-controlled insurance
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraph 2 of subsection (a) of section 2504 of the insur-
 ance  law,  subparagraphs (A) and (B) as amended and subparagraph (C) as
 added by chapter 602 of the laws of 2023, is amended to read as follows:
   (2) In paragraph one hereof, "public corporation" and "public authori-
 ty" shall not include:
   (A) a public corporation  or  public  authority  created  pursuant  to
 agreement or compact with another state,
   (B) the city of New York, a public corporation or public authority, in
 connection  with  the  construction  of electrical generating and trans-
 mission facilities or construction, extensions and  additions  of  light
 rail or heavy rail rapid transit and commuter railroads, [or]
   (C)  the city of New York, the city school district of the city of New
 York, the New York city industrial development agency, the New York city
 health and hospitals corporation, or the New York city housing  authori-
 ty,  in  connection  with  a  contract the principal purpose of which is
 construction that (i) has an estimated cost of no less than five million
 dollars or (ii) is subject to an owner-controlled insurance program  for
 projects, provided that any contract undertaken pursuant to this subpar-
 agraph  that  has  an estimated cost of five million dollars or more may
 only be undertaken pursuant to a project labor agreement as such term is
 defined in section two hundred twenty-two of the labor law,
   (D) THE STATE  DEPARTMENT  OF  TRANSPORTATION  IN  CONNECTION  WITH  A
 CONTRACT OR CONTRACTS, THE PRINCIPAL PURPOSE OF WHICH IS CONSTRUCTION OR
 RECONSTRUCTION  OF STATE ROUTE 33, ALSO KNOWN AS THE KENSINGTON EXPRESS-
 WAY, AND THE HUMBOLDT PARKWAY, IN THE CITY OF BUFFALO, THAT (I)  HAS  AN
 ESTIMATED  COST  OF  NO  LESS THAN FIVE MILLION DOLLARS, OR (II) THAT IS

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