AGC NYS has over 90 years of experience working with public agencies, private developers and clients to deliver quality transportation, education, environmental and building projects that are the lifeblood of our State’s economy. Our primary mission is to advocate and promote the development of a safe, efficient and reliable infrastructure in New York State. AGC NYS strives to stimulate and maintain a free enterprise system through a competitive industry characterized by equitable relationships in the contracting process. We also encourage the development, recruitment and retention of the highest quality people to serve the construction industry.
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Below are memos of support or opposition on specific pieces of legislation. Should you have any questions please contact Walter Pacholczak at 518-456-1134.
The Associated General Contractors of New York State, LLC (AGC NYS) the leading statewide trade association representing union and non-union construction companies strongly opposes A.2212 (Braunstein) / S.4750 (Martinez). This bill amends state finance and general municipal law, in relation to requiring full payment for delivered materials pertaining to public works projects, and amends the general business law, in relation to prohibiting the retention of any payment due and owing a material supplier for a construction project. Click here to read the full bill memo.
The Associated General Contractors of New York State, (AGC NYS) the leading statewide trade association representing union and open shop construction companies supports A.3800 (Weprin) which establishes the crime of staging a construction site accident. Click here to read the full bill memo.
The Associated General Contractors of New York State, LLC (AGC NYS) the leading statewide trade association representing union and non-union construction companies strongly opposes A.1194-A (Braunstein) / S.6855-A (Martinez). This bill amends the state finance and general municipal law, in relation to requiring full payment for delivered materials pertaining to public works projects, and amends the general business law, in relation to prohibiting the retention of any payment due and owing a material supplier for a construction project. Click here to read the full bill memo.
The Associated General Contractors of New York State, (AGC NYS) the leading statewide trade association representing union and open shop construction companies strongly opposes S.1604-E (Ramos) / A.8935-B (Bronson), which establishes an unnecessary, duplicative, and excessive temperature standard for all indoor and outdoor construction worksites. Click here to read the full bill memo.
The Associated General Contractors of New York State, (AGC NYS) the leading statewide trade association representing union and open shop construction companies supports S.8213 (Cooney) / A.4549 (Pretlow) which, establishes a ten-year time limit after which tort claims for personal injury or wrongful death may not be asserted against design professionals and construction contractors. Click here to read the full bill memo.
The Associated General Contractors of New York State, (AGC NYS) the leading statewide trade association representing union and non-union construction companies strongly opposes S.5475-A (Jackson) / A.373-A (Bronson) which amends the labor law, in relation to inclusion of certain off-site custom fabrication as public work for the purposes of payment of prevailing wage. This bill is particularly troubling in a time of rising inflation and supply chain disruptions for construction products. Click here to read the full bill memo.
The Associated General Contractors of New York State, (AGC NYS) the leading statewide trade association representing union and open shop construction companies strongly opposes S.8306-B (Budget – Part JJ / A.8806-B (Budget – Part KK) which requires project labor agreements for SUNY construction fund projects that would cost $3 million or more. Click here to read the full bill memo.
The Associated General Contractors of New York State, (AGC NYS) the leading statewide trade association representing union and open shop construction companies supports S.8413 (Breslin) / A.8981 (Weprin) which establishes the crime of staging a construction site accident. Click here to read the full bill memo.
The Associated General Contractors of New York State, (AGC NYS) the leading statewide trade association representing union and open shop construction companies opposes S.995-B (Hoylman-Sigal) / A.3484-B (Gallagher), which requires the disclosure of the identities of beneficial owners upon company formation or registration and publishing beneficial owners of limited liability companies in New York’s publicly searchable business entity database. Click here to read the full bill memo.
The Associated General Contractors of New York State, (AGC NYS) the leading statewide trade association representing union and open shop construction companies strongly opposes S.6787 (Comrie) / A.6791 (Bichotte Hermelyn) which, extends the provisions of ineffective and potentially dangerous laws, chapter 782 of the laws of 2021, and chapter 98 of the laws of 2022. Click here to read the full bill memo.
The Associated General Contractors of New York State, (AGC NYS) the leading statewide trade association representing union and open shop construction companies supports S.8430-A (Comrie) / A.9564-A (Rajkumar) which provide real property actions to adjoining property to make improvements or repairs and ensure efficient resolutions to protection of public safety during demolition, excavation, and constructions activities; and promoting the redevelopment and improvement of buildings to prevent disrepair. Click here to read the full bill memo.
The Associated General Contractors of New York State, (AGC NYS) the leading statewide trade association representing union and open shop construction companies strongly opposes S.5994-A (Ryan) / A.1338-A (Magnarelli) which, establishes a duplicative and costly registration system for contractors and subcontractors engaged in public work and covered projects. Simply stated, this bill is a flawed solution in search of a perceived problem. Click here to read the full bill memo.
The Associated General Contractors of New York State, (AGC NYS) the leading statewide trade association representing union and open shop construction companies strongly opposes S.621 (Sanders) / A.4947 (Bichotte Hermelyn) which, would make any person that is an owner, developer, construction supervisor, or a worksite safety supervisor criminally liable of murder or manslaughter in relation to crimes involving the death or injury of a worker. The bill grants jurisdiction to the New York State Attorney General and the county district attorney to prosecute offenses. The bill also increases civil penalties for violations. Click here to read the full bill memo.
The Associated General Contractors of New York State, (AGC NYS) the leading statewide trade association representing union and open shop construction companies strongly opposes S.5921 (Krueger) / A.6872 (Zebrowski) which enacts the New York deforestation-free procurement act requiring that companies contracting with the state do not contribute to tropical or boreal intact forest degradation or deforestation directly or through their supply chains. Click here to read the full bill memo.
The Associated General Contractors of New York State, (AGC NYS) is the leading statewide trade association representing union and open shop construction companies. As proposed, AGC NYS strongly opposes S.542 (Kaminsky) / A.2591 (Carroll) which establishes an untested and unmanageable low embodied carbon procurement standard for concrete used in public construction projects. AGC NYS members are committed to reducing carbon emissions, rigorous construction safety standards, and delivering quality public works projects. AGC NYS is also committed to finding a sensible solution that is scientifically sound to reduce carbon emissions while protecting equal procurement opportunities for public works contracting. Unfortunately, while we commend the sponsors for their laudable goal, this legislation does not meet those standards. Click here to read the full bill memo.
The Associated General Contractors of New York State, (AGC NYS) the leading statewide trade association representing union and open shop construction companies strongly opposes S.255 (Mayer) which amends section 220 of the labor law to mandate the prevailing wage in the delivery and hauling of aggregate construction materials on covered projects. Click here to read the full bill memo.
The Associated General Contractors of New York State, (AGC NYS) the leading statewide trade association representing union and open shop construction companies opposes S.4323 (Comrie) / A.6232 (Bichotte Hermelyn).
This bill would establish an independent advisory council to study the current public contracting process, adopt recommendations and best practices with further legislative proposals in order to improve the current state of public contract process to make it fair, predictable, and equitable for all involved. Click here to read the full bill memo.
The Associated General Contractors of New York State, (AGC NYS) the leading statewide trade association representing union and open shop construction companies strongly supports S.199-A (Kaplan) / A.4010 (Thiele) which amends the transportation law, in relation to requiring the New York State Department of Transportation (NYSDOT) to annually prepare and submit to the legislature certain highway pavement and bridge condition report. Click here to read the full bill memo.
The Associated General Contractors of New York State, (AGC NYS), the leading statewide trade association representing union and open shop construction companies, strongly opposes S.2766 (Ramos) / A.3350 (Joyner). The bill provides that a general contractor or construction manager under contract on a private construction project shall assume liability for any subcontractors’ wage violations. Click here to read the full bill memo.
The Associated General Contractors of New York State, (AGC NYS) the leading statewide trade association representing union and open shop construction companies supports A.8832-A (Magnarelli) / S.5523-A (Kennedy) which amends the vehicle and traffic law and the public officers law, in relation to establishing a demonstration program implementing speed violation monitoring systems in work zones by means of photo devices. Click here to read the full bill memo.
The Associated General Contractors of New York State, (AGC NYS) the leading statewide trade association representing union and open shop construction companies strongly opposes S.8334 (Mayer) / A.10626 (Bronson) which amends section 224-a of the labor law as added by section 1 of part FFF of chapter 58 of the laws of 2020 to mandate the prevailing wage in the delivery and hauling of aggregate construction materials on covered projects. Click here to read the full bill memo.
The Associated General Contractors of New York State, (AGC NYS) the leading statewide trade association representing union and open shop construction companies strongly supports A.8832-A (Magnarelli) / S.5523-A (Kennedy) which amends the transportation law, in relation to requiring the New York State Department of Transportation (NYSDOT) to annually prepare and submit to the legislature certain highway pavement and bridge condition reports. Click here for the full bill memo.
The Associated General Contractors of New York State, (AGC NYS) the leading statewide trade association representing union and open shop construction companies strongly opposes all end of session prevailing wage bills and draft proposals. Click here to read the full bill memo.
The Associated General Contractors of New York State, LLC (AGC NYS) the leading statewide trade association representing the construction industry strongly supports S.2394 (Breslin) / A.3552 (Cusick), which amends the state finance law and general municipal law in relation to payment for construction contracts. This bill clarifies the meaning of “substantial completion” on public work construction projects and reforms the payment process for contractors, subcontractors and materials suppliers. Click here to read the full bill memo.
The Associated General Contractors of New York State (AGC NYS), the leading statewide trade association representing
union and open-shop construction companies, strongly opposes S.6141 (Sanders) / A.7814 (Bichotte) because it
threatens the very existence of New York State’s M/WBE program by ignoring and exceeding clear constitutional
limitations and standards imposed by the Supreme Court of the United States. Click here to read the full bill memo.
The Associated General Contractors of New York State, (AGC NYS) the leading statewide trade association representing union and open shop construction companies strongly opposes S.3314-A (Sanders) / A.4508-A (Crespo) which, would make any person that is an owner, developer, construction supervisor, or a worksite safety supervisor criminally liable of murder or manslaughter in relation to crimes involving the death or injury of a worker. The bill grants jurisdiction to the New York State Attorney General and the county district attorney to prosecute offenses. The bill also increases civil penalties for violations. Click here to read the bill memo.
The Associated General Contractors of New York State, LLC (AGC NYS) the leading statewide trade association representing the construction industry strongly supports S.5933 (Comrie) / A.7985 (Kim), which requires state agency and authority public works contracts to include a clause authorizing contractors to recover reasonable damages for delay under limited circumstances. Click here to read the bill memo.
The Associated General Contractors of New York State, (AGC NYS) the leading statewide trade association representing union and open shop construction companies strongly opposes S.5398 (Savino) which would mandate third-party tracking software to verify hours worked and billed on state government contracts greater than $250,000. Click here to read the bill memo.
The Associated General Contractors of New York State, (AGC NYS) the leading statewide trade association representing union and open shop construction companies strongly opposes the mandated project-labor agreement (PLA) provision of Senate Resolution 672 – S.1508-B (Budget – Part D) which extends the Infrastructure Investment Act and expands the definition of an authorized entity that may utilize design-build contracts. Click here to read the bill memo.
The Associated General Contractors of New York State, (AGC NYS) the leading statewide trade association representing union and non-union construction companies supports S.1508-A (Budget – Part D) / S.6405-A (Budget – Part D) which extends the Infrastructure Investment Act and expands the definition of an authorized entity that may utilize design-build contracts and other alternative project delivery methods. Click here to read the bill memo.
The Associated General Contractors of New York State, (AGC NYS) the leading statewide trade association representing union and non-union construction companies opposes S.1509 (Budget – Part VV) / A.2009 (Budget – Part VV) which, creates and amends existing laws to legalize adult-use cannabis, consolidate governance of all forms of cannabis and create a regulatory structure to oversee the licensure, cultivation, production, distribution, sale, and taxation of cannabis within New York State. Click here to read the bill memo.
The Associated General Contractors of New York State, (AGC NYS) the leading statewide trade association representing union and non-union construction companies strongly opposes S.1947 (Ramos) / A.1261 (Bronson) which subjects virtually all construction projects financed, whole or in part, through certain public entities to pay prevailing wage rates for hours, wages and supplements. Click here to read the bill memo.
The Associated General Contractors of New York State, LLC (AGC NYS) the leading statewide general contractor association providing advocacy and education for contractors and affiliated firms opposes A.8293-A/S.6622-A, which amends the general municipal law, the public authorities law and the state finance law, in relation to liability of design professionals. Click here to read the bill memo.
The Associated General Contractors of New York State, LLC (AGC NYS) the leading statewide trade association representing union and non-union construction companies opposes A.10713 (Peoples-Stokes) / S.8880 (Sanders) which extends article 15-A of the executive law for five years, establishes a blue ribbon commission to study the minority-and women-owned business enterprise program (M/WBE), and establishes a fund for mentor-protégé training and labor transition training programs. Click here to read the bill memo.
The Associated General Contractors of New York State, LLC (AGC NYS) the leading statewide trade association representing union and non-union construction companies strongly opposes A.358/S.4467. This bill amends the state finance and general municipal law, in relation to requiring full payment for delivered materials pertaining to public works projects, and amends the general business law, in relation to prohibiting the retention of any payment due and owing a material supplier for a construction project. Click here to read the bill memo.
The Associated General Contractors of New York State, (AGC NYS) the leading statewide trade association representing union and non-union construction companies strongly opposes S.7508-A (Budget – Part Q) / A.9508-A (Budget – Part Q), which dramatically changes the M/WBE program, placing the program itself at risk, and adds unworkable workforce participation mandates to the Executive Law. Click here to read the bill memo.
The Associated General Contractors of New York State, (AGC NYS) the leading statewide trade association representing union and non-union construction companies strongly opposes S.2975-A (Murphy) / A.5498-A (Bronson) which subjects virtually all construction projects financed, whole or in part, through certain public entities to pay prevailing wage rates for hours, wages and supplements. Click here to read the bill memo.
The Associated General Contractors of New York State, (AGC NYS) the leading statewide trade association representing union and non-union construction companies opposes S.6639 (Robach) which enacts the “New York Buy American Act.” If enacted, the irony of this legislation is that it would result in job losses and fewer construction projects in New York State. Click here to read the bill memo.
The Associated General Contractors of New York State, LLC (AGC NYS) the leading statewide trade association representing the construction industry strongly supports A.7945-A (Kim) / S.6686 (Ranzenhofer), which requires public contracts to include a clause authorizing contractors to recover damages for delay. Click here to read the bill memo.
The Associated General Contractors of New York State, (AGC NYS) the leading statewide trade association representing union and non-union construction companies strongly opposes S.6576 (Savino) / A.8071 (Abbate) which mandates off-site custom fabrication as public work for the purposes of prevailing wages. Click here to read the bill memo.
This bill would make a clarifying adjustment to the property tax cap law originally enacted in 2011 by incorporating a school district’s BOCES capital expenditures as part of its capital exclusion. Under current law, a school district is required to exclude the local share of expenses related to construction (debt service and capital outlay) from the tax levy limit portion of their tax cap calculation. Although BOCES receive all of their funding from their component districts, a school district’s capital costs for BOCES projects are not excluded from the tax cap. This is making it increasingly difficult for important BOCES capital projects to get done. Click here to read the bill memo.
The Associated General Contractors of New York State, LLC (AGC NYS) the leading statewide trade association representing the construction industry supports S.828 (DeFrancisco), which amends the labor law and the general municipal law, in relation to ensuring consistency with the federal Davis Bacon Act for calculation of payments for supplements and reciprocity of debarments. Click here to read the bill memo.
The Associated General Contractors of New York State, (AGC NYS) the leading statewide trade association representing union and non-union construction companies strongly opposes S.2975 (Murphy) / S.5498 (Bronson) which subjects all construction projects financed, in whole or in part, through certain public entities to pay prevailing rates for hours, wages, and supplements. Click here to read the bill memo.
The Associated General Contractors of New York State, (AGC NYS) the leading statewide trade association representing union and non-union construction companies strongly opposes S.7994 (Murphy) / S.10680 (Harris) which would extend paid family leave benefits to workers who are employed by more than one employer, in the field of construction, excavation, rehabilitation,repairs, reconstruction, renovations, alterations, and improvements to become and remain eligible for paid family leave benefits, as long as they are employed for twenty six of the last thirty nine weeks with one or more covered employers. Click here to read the bill memo.
The Associated General Contractors of New York State, (AGC NYS) the leading statewide trade association representing union and non-union construction companies strongly opposes S.8111(Lanza) / A.10709 (Benedetto) which would authorize the City of New York, for certain public works undertaken pursuant to project labor agreements (PLA), use of the alternative delivery method known as design-build. Read the bill memo here.
The Associated General Contractors of New York State, LLC (AGC NYS) the leading statewide trade association representing the construction industry strongly supports S.7608-A (Lanza) /A.9872-A (Rozic), which requires the commissioner of transportation to develop and present tothe governor and legislature a five-year capital plan, with defined projects, that is subject to public review prior to the passage of the state budget. Click here to read the memo.
This bill would amends the state finance law and general municipal law in relation to payment for construction contracts. This bill clarifies the meaning of “substantial completion” on public work construction projects and reforms the payment process for contractors, subcontractors and materials suppliers. Read the bill memo here.
This proposal amends the public authorities law, the general municipal law, the public service law and the state finance law, in relation to notice of claim provisions in public works contracts. Read the bill memo here.
This proposal would require use of American made iron, steel and manufactured goods on all state funded projects. Read the bill memo here.
This bill would mandate a project labor agreement (PLA) on design-build procurement for the projects listed in the Transformational Economic Development Infrastructure and Revitalization Projects Act. Read the bill memo here.
The transfer of the New York State Canal Corporation to the New York Power Authority is a long overdue reform supported by AGC NYS which will relieve the Thruway Authority from $85 million in annual maintenance and operational expenses. The additional funding must be reinvested into the repair and reconstruction of the deteriorating Thruway roads and bridges. Read the bill memo here.
The proposed NYSDCC would establish another costly layer of government bureaucracy on construction projects, in excess of $50 million, undertaken by state agencies, departments, public authorities, and public benefit corporations without identifying any weaknesses this legislation is intended to solve. This additional layer of government bureaucracy is duplicative because contractors would be forced to adhere to the contract terms of the state agencies, authorities, and public benefit corporations combined with the unilateral authority of the proposed NYSDCC. Read the bill memo here.
This bill will significantly alter the open competitive bidder statutes; contribute to decreased worker safety; grant a competitive advantage to contractors with poor safety records; and increase the cost of construction on public works projects.
Wrap up insurance is a practice that centralizes coverage for the owner (government), contractors and workers. In New York State, wrap up policies are used on a limited basis for electric generating and transmission facilities; light rail; and rapid transit commuter railroads. Read the bill memo here.
This bill requires public contracts to include a clause authorizing contractors to recover damages for delay.
This bill is good public policy because it follows specifications contained in the Office of General Services (OGS) General Conditions Standard Contract Clause – Article 17A-Delays. This bill would reform and create fairness in the public works contracting business by taking a uniform and coordinated approach. It would increase the efficiency and accountability and encourage more private firms to bid for contracts resulting in healthy competition for New Yorkers. Read the bill memo here.
This bill amends amend the labor law and the general municipal law, in relation to ensuring consistency with the federal Davis Bacon Act for calculation of payments for supplements and reciprocity of debarments. Currently, Title 12 NYCCRR §220.2 requires that contributions to retirement plans be calculated on an annualized basis.
This means that when supplements are not paid in cash, the credit that contractors can take toward their prevailing wage obligation is established by dividing the amount of contributions by total hours worked on both public and private projects. As a result, since contractors covered by the State’s prevailing wage law receive less credit for making retirement plan contributions compared to providing cash equivalent payments, some contractors contribute less to retirement plans or sometimes they do not even establish a plan at all. This adversely affects the long-term financial security of construction workers. Read the bill memo here.
This bill amends the state finance and general municipal law, in relation to requiring full payment for delivered materials pertaining to public works projects, and amends the general business law, in relation to prohibiting the retention of any payment due and owing a material supplier for a construction project. Read the bill memo here.
The BRIDGE bill would make more money available in the DHBTF for capital projects by removing expenses related to the Department of Motor Vehicles totaling $563 million and by phasing out payments to the Department of Transportation for snow and ice removal totaling $199 million. Read the bill memo here.
This bill amends the Civil Practice Law and Rules to add a new Section 1414. This section applies a comparative negligence standard as provided for in CPLR 1411 with respect to actions for personal injury, property damage or wrongful death arising under Labor Law Sections 240 to the extent the conduct relates to the following: a criminal act, use of drugs or alcohol, failure of the employee to use safety devices furnished at the job site, failure to comply with employer instructions regarding the use of safety devices at the job site, or failure of the employee to comply with safe work practices in accord with safety training programs provided by the employer. Read the bill memo here.
Click here to view a summary of the 2015-2016 New York State Budget.
This bill amends subdivision two of § 1744 of the Public Authorities Law to add an additional sentence that provides that in the case of an action or special proceeding for monies due arising out of contract, accrual of such claim shall be deemed to have occurred as of the date payment for the amount claimed was denied. Read the bill memo here.
This bill amends the state finance and general municipal law, in relation to requiring full payment for delivered materials pertaining to public works projects, and amends the general business law, in relation to prohibiting the retention of any payment due and owing a material supplier for a construction project. Read the bill memo here.
This bill would extend the New York City School Construction Authority’s (SCA) exemption from the Wicks Law until 2019. Read the bill memo here.
This bill amends the state finance and general municipal law, in relation to requiring full payment for delivered materials pertaining to public works projects, and amends the general business law, in relation to prohibiting the retention of any payment due and owing a material supplier for a construction project. Read the bill memo here.
This bill extends the date of retrofitting compliance for infrastructure friendly vehicles (IFV). Supported by AGC NYS, NY Motor Truck Association, NY Materials Association and The Business Council of New York State. Read the bill memo here.
This bill would place needless limitations on job order contracts (JOCs) utilized by New York State agencies, authorities, and municipal governments for public work projects. Opposed by AGC NYS, read the bill memo here.
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