NY State Senate Bill 2023-S9327

Senate Bill S9327

Signed By Governor

2023-2024 Legislative Session

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

download bill text pdf

Current Bill Status Via A10362 - 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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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Sep 27, 2024	signed chap.370
Sep 20, 2024	delivered to governor
Jun 06, 2024	returned to assembly passed senate 3rd reading cal.1786 substituted for s9327b
Jun 06, 2024	substituted by a10362b
Jun 05, 2024	ordered to third reading cal.1786 committee discharged and committed to rules
Jun 03, 2024	print number 9327b
Jun 03, 2024	amend (t) and recommit to insurance
May 23, 2024	print number 9327a
May 23, 2024	amend and recommit to insurance
May 13, 2024	referred to insurance

Votes

- Jun 6, 2024 - Floor Vote
  A10362
  
  57
  
  Aye
  
  4
  
  Nay
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 6, 2024
      
      aye (57)
      
      Addabbo Jr.
      
      Bailey
      
      Borrello
      
      Breslin
      
      Brisport
      
      Brouk
      
      Canzoneri-Fitzpatrick
      
      Chu
      
      Cleare
      
      Comrie
      
      Cooney
      
      Felder
      
      Fernandez
      
      Gallivan
      
      Gianaris
      
      Gonzalez
      
      Gounardes
      
      Griffo
      
      Harckham
      
      Helming
      
      Hinchey
      
      Hoylman-Sigal
      
      Jackson
      
      Kavanagh
      
      Krueger
      
      Lanza
      
      Liu
      
      Mannion
      
      Martinez
      
      Martins
      
      Mattera
      
      May
      
      Mayer
      
      Murray
      
      Myrie
      
      O'Mara
      
      Oberacker
      
      Ortt
      
      Palumbo
      
      Parker
      
      Persaud
      
      Ramos
      
      Rhoads
      
      Rivera
      
      Rolison
      
      Ryan
      
      Salazar
      
      Sanders Jr.
      
      Scarcella-Spanton
      
      Sepúlveda
      
      Serrano
      
      Skoufis
      
      Stavisky
      
      Stewart-Cousins
      
      Tedisco
      
      Thomas
      
      Webb
      
      nay (4)
      
      Ashby
      
      Stec
      
      Weber
      
      Weik
      
      excused (1)
      
      Walczyk
  Jun 5, 2024 - Rules Committee Vote
  S9327
  
  14
  
  Aye
  
  2
  
  Nay
  
  4
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jun 5, 2024
      
      aye (14)
      
      Addabbo Jr.
      
      Bailey
      
      Breslin
      
      Comrie
      
      Fernandez
      
      Gallivan
      
      Gianaris
      
      Krueger
      
      Liu
      
      Mayer
      
      Parker
      
      Sepúlveda
      
      Stewart-Cousins
      
      Thomas
      
      nay (2)
      
      O'Mara
      
      Ortt
      
      aye wr (4)
      
      Griffo
      
      Helming
      
      Lanza
      
      Stec

Bill Amendments

Original

B (Active)

2023-S9327 - Details

See Assembly Version of this Bill:: A10362
Law Section:: Insurance Law
Laws Affected:: Amd §2504, Ins L; amd §2, Chap 602 of 2023

2023-S9327 - 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-S9327 - Sponsor Memo

                                 
BILL NUMBER: S9327

SPONSOR: RYAN
 
TITLE OF BILL:

An act to amend the insurance law, in relation to authorizing the use of
owner-controlled and contractor-controlled insurance; and to amend chap-
ter 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

 
PURPOSE:

To expand the state and municipalities outside of New York City's abili-
ty to use owner-controlled and contractor-controlled or "wrap-up" insur-
ance.

 
SUMMARY OF PROVISIONS:

Section 1: amends paragraph 2 of subsection (a) of section 2504 of the
insurance law to make owner-controlled and contractor-controlled insur-

ance available for all public works projects in the state.

Section 2: expands the content of the report described in section 2 of
chapter 602 of the laws of 2023 to be consistent with the content of
section 2504 of the insurance law as amended in this legislation.

Section 3: effective date.

 
JUSTIFICATION:

Last year, a law went into effect authorizing public works projects in
New York City to utilize wrap-around insurance. This is because small
contractors, including many small businesses and MWBEs, often struggle
to find competitive insurance options that meet the standards required
for public construction projects, and these contractors have a more
difficult time obtaining affordable insurance. High insurance premiums
make these businesses less competitive as prime contractors and subcon-
tractors.

"Wrap-up" insurance helps solve this issue. An owner-controlled insur-
ance policy is a single policy held by the owner that covers the owner
and contractors of all levels for the entire project or group of
projects. A contractor-controlled insurance policy is held by the
construction manager or general contractor and covers the owner as well.

In a conventional project structure, in which many contractors provide
insurance to the public owner, disputes between different carriers over
liability and coverage consume considerable time and resources, escalat-
ing costs. In contrast, "wrap-up" insurance can provide more efficient
coverage through a single policy. Further, when a public owner imple-
ments a "wrap-up" policy, the owner is relieved of the burden of moni-
toring that each contractor maintains coverage if the project continues
beyond the length of an applicable policy.

This bill seeks to expanded the benefits afforded to New York City last
year to the entire state.

 
LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2023-S9327 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9327
 
                             I N  S E N A T E
 
                               May 13, 2024
                                ___________
 
 Introduced  by  Sen.  RYAN  --  read twice and ordered printed, and when
   printed to be committed 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.

                                                            LBD15222-01-4
 S. 9327                             2
 
   § 2. Section 2 of chapter 602 of the laws of 2023, amending the insur-
 ance law relating to exempting certain public construction projects from
 certain restrictions, is amended to read as follows:
   §  2.  A  report shall be submitted no later than September 30, [2024]
 2025 and annually thereafter, to the governor, the  temporary  president
 of  the senate and the speaker of the assembly by the [city of New York]
 DEPARTMENT OF FINANCIAL SERVICES on behalf of [its] STATE agencies, [the
 New York city housing authority, the city school district of the city of
 New York, the New York city industrial development agency, and  the  New
 York  city  health  and hospitals corporation], SCHOOL DISTRICTS, INDUS-
 TRIAL  DEVELOPMENT  AGENCIES,  PUBLIC  AUTHORITIES,  MUNICIPALITIES  AND
 MUNICIPAL AUTHORITIES IN THE STATE containing information regarding each
 contract  subject  to  an  insurance program authorized pursuant to this
 act. Such report shall include for each contract awarded in the  preced-
 ing fiscal year:  a description of the project to be implemented by such
 contract;  information  regarding  the procurement process for each such
 contract, including the list of responding  entities  that  demonstrated
 the  general  capability  to  perform  such contract, to the extent such
 contract was awarded on a best-value basis or such a list  is  otherwise
 available; the total award value of each contract; and an explanation of
 the  estimated savings resulting from using owner-controlled or contrac-
 tor-controlled insurance in conjunction with such contract. Such  report
 shall  also include for each contract concluding in the preceding fiscal
 year:  a description of the dispute resolution processes used for insur-
 ance or liability disputes arising during such  contract's  performance,
 to the extent not legally privileged; the total cost of such contract; a
 comparative   description  of  work  site  safety  relative  to  similar
 construction projects not subject to  an  insurance  program  authorized
 under  this  act;  the  participation  rate of and total dollar value of
 monies paid to minority- and women-owned business enterprises,  emerging
 business  enterprises,  and locally-based business enterprises certified
 pursuant to section 1304  of  the  New  York  city  charter  under  such
 contracts, and a separate listing of the participation rate of and total
 dollar value of monies paid to minority- and women-owned business enter-
 prises, emerging business enterprises, and locally-based business enter-
 prises  for  projects using contractor-controlled insurance that cost no
 less than five million dollars and  no  more  than  twenty-five  million
 dollars.  ALL  STATE  AGENCIES, SCHOOL DISTRICTS, INDUSTRIAL DEVELOPMENT
 AGENCIES, PUBLIC AUTHORITIES, MUNICIPALITIES AND  MUNICIPAL  AUTHORITIES
 SHALL  PROVIDE  ALL  INFORMATION REQUIRED BY THE DEPARTMENT OF FINANCIAL
 SERVICES TO COMPLETE THE REPORT REQUIRED BY THIS ACT.
   § 3. This act shall take effect immediately.

2023-S9327A - Details

See Assembly Version of this Bill:: A10362
Law Section:: Insurance Law
Laws Affected:: Amd §2504, Ins L; amd §2, Chap 602 of 2023

2023-S9327A - 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-S9327A - Sponsor Memo

                                 
BILL NUMBER: S9327A

SPONSOR: RYAN
 
TITLE OF BILL:

An act to amend the insurance law, in relation to authorizing the use of
owner-controlled and contractor-controlled insurance; and to amend chap-
ter 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

 
PURPOSE:

To expand the state and municipalities outside of New York City's abili-
ty to use owner-controlled and contractor-controlled or "wrap-up" insur-
ance.

 
SUMMARY OF PROVISIONS:

Section 1: amends section 2504 of the insurance law by adding a new
subparagraph (d) to subsection 2 to make owner-controlled and contrac-

tor-controlled insurance available for all public works projects in the
state.

Section 2: expands the content of the report described in section 2 of
chapter 602 of the laws of 2023 to be consistent with the content of
section 2504 of the insurance law as amended in this legislation.

Section 3: effective date.

 
JUSTIFICATION:

Last year, a law went into effect authorizing public works projects in
New York City to utilize wrap-around insurance. This is because small
contractors, including many small businesses and MWBEs, often struggle
to find competitive insurance options that meet the standards required
for public construction projects, and these contractors have a more
difficult time obtaining affordable insurance. High insurance premiums
make these businesses less competitive as prime contractors and subcon-
tractors.

"Wrap-up" insurance helps solve this issue. An owner-controlled insur-
ance policy is a single policy held by the owner that covers the owner
and contractors of all levels for the entire project or group of
projects. A contractor-controlled insurance policy is held by the
construction manager or general contractor and covers the owner as well.

In a conventional project structure, in which many contractors provide
insurance to the public owner, disputes between different carriers over
liability and coverage consume considerable time and resources, escalat-
ing costs. In contrast, "wrap-up" insurance can provide more efficient
coverage through a single policy. Further, when a public owner imple-
ments a "wrap-up" policy, the owner is relieved of the burden of moni-
toring that each contractor maintains coverage if the project continues
beyond the length of an applicable policy.

This bill seeks to expanded the benefits afforded to New York City last
year to the entire state.
 
LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DA 1E:

This act shall take effect immediately.

2023-S9327A - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  9327--A
 
                             I N  S E N A T E
 
                               May 13, 2024
                                ___________
 
 Introduced  by  Sen.  RYAN  --  read twice and ordered printed, and when
   printed to be committed 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.
                                                            LBD15222-02-4

 S. 9327--A                          2
 
   (D)  THE  STATE OF NEW YORK, A SCHOOL DISTRICT, AN INDUSTRIAL DEVELOP-
 MENT AGENCY, A MUNICIPALITY, A  PUBLIC    AUTHORITY,    OR  A  MUNICIPAL
 AUTHORITY, IN CONNECTION WITH A CONTRACT, THE PRINCIPAL PURPOSE OF WHICH
 IS  CONSTRUCTION,  THAT  IS    SUBJECT  TO AN OWNER-CONTROLLED INSURANCE
 PROGRAM FOR PROJECTS, PROVIDED THAT ANY CONTRACT UNDERTAKEN PURSUANT  TO
 THIS  SUBPARAGRAPH  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.
   § 2. Section 2 of chapter 602 of the laws of 2023, amending the insur-
 ance law relating to exempting certain public construction projects from
 certain restrictions, is amended to read as follows:
   §  2.  A  report shall be submitted no later than September 30, [2024]
 2025 and annually thereafter, to the governor, the  temporary  president
 of  the senate and the speaker of the assembly by the [city of New York]
 DEPARTMENT OF FINANCIAL SERVICES on behalf of [its] STATE agencies, [the
 New York city housing authority, the city school district of the city of
 New York, the New York city industrial development agency, and  the  New
 York city health and hospitals corporation] SCHOOL DISTRICTS, INDUSTRIAL
 DEVELOPMENT  AGENCIES,  PUBLIC AUTHORITIES, MUNICIPALITIES AND MUNICIPAL
 AUTHORITIES IN THE STATE containing information regarding each  contract
 subject  to  an  insurance program authorized pursuant to this act. Such
 report shall include for each contract awarded in the  preceding  fiscal
 year:   a description of the project to be implemented by such contract;
 information regarding the procurement process for  each  such  contract,
 including  the list of responding entities that demonstrated the general
 capability to perform such contract, to the  extent  such  contract  was
 awarded on a best-value basis or such a list is otherwise available; the
 total  award value of each contract; and an explanation of the estimated
 savings resulting from using owner-controlled  or  contractor-controlled
 insurance  in  conjunction  with  such  contract. Such report shall also
 include for each contract concluding in the preceding fiscal  year:    a
 description  of  the  dispute resolution processes used for insurance or
 liability disputes arising during such contract's  performance,  to  the
 extent  not  legally  privileged;  the  total  cost  of such contract; a
 comparative  description  of  work  site  safety  relative  to   similar
 construction  projects  not  subject  to an insurance program authorized
 under this act; the participation rate of  and  total  dollar  value  of
 monies  paid to minority- and women-owned business enterprises, emerging
 business enterprises, and locally-based business  enterprises  certified
 pursuant  to  section  1304  of  the  New  York  city charter under such
 contracts, and a separate listing of the participation rate of and total
 dollar value of monies paid to minority- and women-owned business enter-
 prises, emerging business enterprises, and locally-based business enter-
 prises for projects using contractor-controlled insurance that  cost  no
 less  than  five  million  dollars  and no more than twenty-five million
 dollars. ALL STATE AGENCIES, SCHOOL  DISTRICTS,  INDUSTRIAL  DEVELOPMENT
 AGENCIES,  PUBLIC  AUTHORITIES, MUNICIPALITIES AND MUNICIPAL AUTHORITIES
 SHALL PROVIDE ALL INFORMATION REQUIRED BY THE  DEPARTMENT  OF  FINANCIAL
 SERVICES TO COMPLETE THE REPORT REQUIRED BY THIS ACT.
   § 3. This act shall take effect immediately.

2023-S9327B (ACTIVE) - Details

See Assembly Version of this Bill:: A10362
Law Section:: Insurance Law
Laws Affected:: Amd §2504, Ins L; amd §2, Chap 602 of 2023

2023-S9327B (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-S9327B (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S9327B

SPONSOR: RYAN
 
TITLE OF BILL:

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 contrac-
tor-controlled insurance

 
PURPOSE:

To expand the state and municipalities outside of New York City's abili-
ty to use owner-controlled and contractor-controlled or "wrap-up" insur-
ance.

 
SUMMARY OF PROVISIONS:

Section 1: amends section 2504 of the insurance law by adding new
subparagraphs (d), (e), and (f) to subsection 2 to make owner-controlled
and contractor-controlled insurance available for the Department of
Transportation, The State University of New York at Buffalo, and the

Niagara Frontier Transportation Authority in connection with the
construction or reconstruction of the Kensington Expressway and the
Humboldt Parkway, the construction of the Empire AI Research Institute,
and the construction to extend or expand the railroad in the Niagara
Frontier transportation district, respectively. To utilize owner-cont-
rolled and contractor-controlled insurance programs, such projects must
have an estimated cost of no less than $5 million, or be subject to an
owner-controlled insurance program that is undertaken pursuant to a
project labor agreement.

Section 2: expands the content of the report described in section 2 of
chapter 602 of the laws of 2023 to be consistent with the content of
section 2504 of the insurance law as amended in this legislation.

Section 3: effective date.

 
JUSTIFICATION:

Last year, a law went into effect authorizing public works projects in
New York City to utilize wrap-around insurance. This is because small
contractors, including many small businesses and MWBEs, often struggle
to find competitive insurance options that meet the standards required
for public construction projects, and these contractors have a more
difficult time obtaining affordable insurance. High insurance premiums
make these businesses less competitive as prime contractors and subcon-
tractors.

"Wrap-up" insurance helps solve this issue. An owner-controlled insur-
ance policy is a single policy held by the owner that covers the owner
and contractors of all levels for the entire project or group of
projects. A contractor-controlled insurance policy is held by the
construction manager or general contractor and covers the owner as well.

In a conventional project structure, in which many contractors provide
insurance to the public owner, disputes between different carriers over
liability and coverage consume considerable time and resources, escalat-
ing costs. In contrast, "wrap-up" insurance can provide more efficient
coverage through a single policy. Further, when a public owner imple-
ments a "wrap-up" policy, the owner is relieved of the burden of moni-
toring that each contractor maintains coverage if the project continues
beyond the length of an applicable policy.

This bill seeks to expanded the benefits afforded to New York City last
year to the entire state.

 
LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DA 1E:

This act shall take effect immediately.

2023-S9327B (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  9327--B
 
                             I N  S E N A T E
 
                               May 13, 2024
                                ___________
 
 Introduced  by  Sen.  RYAN  --  read twice and ordered printed, and when
   printed to be committed to the Committee  on  Insurance  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to  said  committee  --  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 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

 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD15222-04-4
 S. 9327--B                          2
 
 SUBJECT TO AN OWNER-CONTROLLED INSURANCE PROGRAM FOR PROJECTS,  PROVIDED
 THAT  ANY CONTRACT UNDERTAKEN PURSUANT  TO THIS SUBPARAGRAPH 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,
   (E)  THE STATE UNIVERSITY OF NEW YORK AT BUFFALO, IN COORDINATION WITH
 THE STATE UNIVERSITY CONSTRUCTION FUND AS CREATED  PURSUANT  TO  ARTICLE
 EIGHT-A  OF  THE  EDUCATION  LAW,  THE  PRINCIPAL  PURPOSE  OF  WHICH IS
 CONSTRUCTION AT THE STATE UNIVERSITY OF NEW YORK AT  BUFFALO  AND  SHALL
 INCLUDE  WITHOUT  LIMITATION THE EMPIRE AI RESEARCH INSTITUTE AUTHORIZED
 PURSUANT TO SECTION THREE HUNDRED SIXTY-ONE OF THE ECONOMIC  DEVELOPMENT
 LAW,  IN  CONNECTION  WITH A CONTRACT OR CONTRACTS THAT (I) HAS AN ESTI-
 MATED COST OF NO LESS THAN FIVE MILLION DOLLARS, OR (II) THAT IS SUBJECT
 TO AN OWNER-CONTROLLED INSURANCE PROGRAM FOR PROJECTS, PROVIDED THAT ANY
 CONTRACT UNDERTAKEN PURSUANT TO THIS SUBPARAGRAPH 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
   (F) THE  NIAGARA  FRONTIER  TRANSPORTATION  AUTHORITY  AS  ESTABLISHED
 PURSUANT  TO  ARTICLE  FIVE  OF THE PUBLIC AUTHORITIES LAW IN CONNECTION
 WITH A  CONTRACT  OR  CONTRACTS,  THE  PRINCIPAL  PURPOSE  OF  WHICH  IS
 CONSTRUCTION  TO  EXTEND  OR EXPAND THE RAILROAD IN THE NIAGARA FRONTIER
 TRANSPORTATION DISTRICT, THAT (I) HAS AN ESTIMATED COST OF NO LESS  THAN
 FIVE  MILLION  DOLLARS,  OR  (II) THAT IS SUBJECT TO AN OWNER-CONTROLLED
 INSURANCE PROGRAM FOR PROJECTS, PROVIDED THAT  ANY  CONTRACT  UNDERTAKEN
 PURSUANT  TO  THIS  SUBPARAGRAPH  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.
   §  2. A report shall be submitted no later than September 30, 2025 and
 annually thereafter, to the governor, the  temporary  president  of  the
 senate and the speaker of the assembly by the office of general services
 in  coordination with and on behalf of the department of transportation,
 state university of New York at Buffalo, and the Niagara Frontier trans-
 portation  authority  containing  information  regarding  each  contract
 subject  to  an  insurance program authorized pursuant to this act. Such
 report shall include for each contract awarded in the  preceding  fiscal
 year:  a  description of the project to be implemented by such contract;
 information regarding the procurement process for  each  such  contract,
 including  the list of responding entities that demonstrated the general
 capability to perform such contract, to the  extent  such  contract  was
 awarded on a best-value basis or such a list is otherwise available; the
 total  award value of each contract; and an explanation of the estimated
 savings resulting from using owner-controlled  or  contractor-controlled
 insurance  in  conjunction  with  such  contract. Such report shall also
 include for each contract concluding in the  preceding  fiscal  year:  a
 description  of  the  dispute resolution processes used for insurance or
 liability disputes arising during such contract's  performance,  to  the
 extent  not  legally  privileged;  the  total  cost  of such contract; a
 comparative  description  of  work  site  safety  relative  to   similar
 construction  projects  not  subject  to an insurance program authorized
 under this act; the participation rate of  and  total  dollar  value  of
 monies paid to minority- and women-owned business enterprises under such
 contracts, and a separate listing of the participation rate of and total
 dollar value of monies paid to minority- and women-owned business enter-
 prises  for  projects using contractor-controlled insurance that cost no
 less than five million dollars and  no  more  than  twenty-five  million
 dollars.
   § 3. This act shall take effect immediately.

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Senate Bill S9327

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Sponsored By

Sean M. Ryan

Current Bill Status Via A10362 - Signed by Governor

Bill Amendments

2023-S9327 - Details

2023-S9327 - Summary

2023-S9327 - Sponsor Memo

2023-S9327 - Bill Text download pdf

2023-S9327A - Details

2023-S9327A - Summary

2023-S9327A - Sponsor Memo

2023-S9327A - Bill Text download pdf

2023-S9327B (ACTIVE) - Details

2023-S9327B (ACTIVE) - Summary

2023-S9327B (ACTIVE) - Sponsor Memo

2023-S9327B (ACTIVE) - Bill Text download pdf

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