S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9172
 
                           I N  A S S E M B L Y
 
                             February 12, 2024
                                ___________
 
 Introduced  by M. of A. BRONSON -- read once and referred to the Commit-
   tee on Higher Education
 
 AN ACT to amend the education law, in relation to requiring the  use  of
   project  labor  agreements for large scale construction projects under
   the state university construction fund
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 370 of the education law is amended by adding a new
 subdivision 6-a to read as follows:
   6-A.  "LARGE-SCALE  CONSTRUCTION  PROJECT"  SHALL  MEAN A CONSTRUCTION
 PROJECT PERFORMED UNDER THE APPROVED MASTER PLAN OF THE STATE  UNIVERSI-
 TY;  WITH  RESPECT  TO  UNIVERSITY-RELATED ECONOMIC DEVELOPMENT PROJECTS
 AUTHORIZED BY LAW PURSUANT TO SECTION  THREE  HUNDRED  SEVENTY-TWO-A  OF
 THIS  ARTICLE  INVOLVING  THE CONSTRUCTION, ACQUISITION, RECONSTRUCTION,
 REHABILITATION OR IMPROVEMENT OF  ACADEMIC  BUILDINGS,  DORMITORIES  AND
 OTHER  FACILITIES FOR WHICH THE TOTAL ESTIMATED COST OF THE CONSTRUCTION
 CONTRACT OR CONTRACTS TO THE FUND IS THREE MILLION DOLLARS OR MORE.
   § 2. Section 376 of the education law  is  amended  by  adding  a  new
 subdivision 11 to read as follows:
   11.  (A)  EACH  CONTRACT  INVOLVING  THE  AWARDING  OF  A  LARGE-SCALE
 CONSTRUCTION PROJECT SHALL REQUIRE THE USE OF A PROJECT LABOR AGREEMENT,
 AS DEFINED IN SUBDIVISION ONE OF SECTION TWO HUNDRED TWENTY-TWO  OF  THE
 LABOR  LAW,  FOR  ALL  CONTRACTORS  AND  SUBCONTRACTORS  ON THE PROJECT,
 CONSISTENT WITH PARAGRAPH (A) OF SUBDIVISION TWO OF SECTION TWO  HUNDRED
 TWENTY-TWO OF THE LABOR LAW.
   (B)  (I) THE FUND MAY GRANT AN EXCEPTION FROM THE REQUIREMENTS OF THIS
 SUBDIVISION BY PROVIDING A SPECIFIC WRITTEN EXPLANATION OF WHY A PROJECT
 LABOR AGREEMENT WOULD NOT BE CONSISTENT WITH PARAGRAPH (A)  OF  SUBDIVI-
 SION  TWO  OF  SECTION TWO HUNDRED TWENTY-TWO OF THE LABOR LAW, OR STATE
 COMPETITIVE BIDDING LAWS, AND WHY REQUIRING A PROJECT LABOR AGREEMENT ON
 THE PROJECT WOULD OTHERWISE BE INCONSISTENT  WITH  STATUTES,  RULES,  OR
 REGULATIONS APPLICABLE TO THE FUND.
   (II)  ANY  EXCEPTION  TO  THE APPLICATION OF THIS SUBDIVISION SHALL BE
 GRANTED FOR A PARTICULAR PROJECT CONTRACT BY THE SOLICITATION DATE.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD06964-03-3
 A. 9172                             2
 
   (C) AN AGENCY MAY REQUIRE THE USE OF  A  PROJECT  LABOR  AGREEMENT  ON
 CONSTRUCTION PROJECTS WHERE THE TOTAL COST TO THE FUND IS LESS THAN THAT
 FOR A LARGE-SCALE CONSTRUCTION PROJECT, IF CONSISTENT WITH PARAGRAPH (A)
 OF SUBDIVISION TWO OF SECTION TWO HUNDRED TWENTY-TWO OF THE LABOR LAW.
   (D)  THE  FUND,  IF APPROPRIATE, MAY REQUIRE THAT EVERY CONTRACTOR AND
 SUBCONTRACTOR ENGAGED IN CONSTRUCTION ON THE  PROJECT  AGREE,  FOR  THAT
 PROJECT,  TO NEGOTIATE OR BECOME A PARTY TO A PROJECT LABOR AGREEMENT AS
 DEFINED IN SUBDIVISION ONE OF SECTION  TWO  HUNDRED  TWENTY-TWO  OF  THE
 LABOR  LAW, WHERE THE FUND DECIDES A PROJECT LABOR AGREEMENT IS CONSIST-
 ENT WITH PARAGRAPH (A) OF SUBDIVISION TWO OF SECTION TWO  HUNDRED  TWEN-
 TY-TWO OF THE LABOR LAW AND STATE COMPETITIVE BIDDING LAWS.
   §  3.  This  act shall take effect on the ninetieth day after it shall
 have become a law  and  shall  apply  to  all  contracts  entered  into,
 renewed, modified or amended on or after such date.