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  • Government Affairs

    AGC NYS has over 80 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.

    Click here to visit our Legislative Action Center.

    Click here to view our 2017-18 Budget Summary

    Click here to view our 2016-2017 Enacted Budget Summary

    Click here to view our 2016-2017 Executive Budget Summary

    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.

    2017-18 Bill Memos:

    New York Buy American Act

    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.

    Requires Public Contracts to Include a Clause Authorizing Contractors to Recover Damages for Delay

    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.

    Mandates Off-Site Custom Fabrication as Public Work for the Purposes of Prevailing Wage Payment

    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.

    Exempts Certain BOCES Capital Expenditures from Limitations Upon Local School District Tax Levies

    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.

    Ensures Consistency with the Federal Davis Bacon Act for Calculation of Payments for Supplements and Reciprocity of Debarments

    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.

    Mandates All Construction Projects Financed, In Whole or Part, to Pay Prevailing Rates for Hours, Wages, and Supplements

    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.

    2016 Bill Memos:

    Extends Paid Family Leave Benefits to Employees Who Perform Construction

    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.

    New York City – Design-Build Authorization

    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.

    Requires the Commissioner of Transportation to Develop and Present to the Governor and Legislature Long-Range and Five-Year Capital Plans

    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.

    Defines “substantial completion” for the purposes of requisition payments

    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.

    Reforms Unfair Contract Clauses on Public Work

    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.

    “Buy America” Proposal

    This proposal would require use of American made iron, steel and manufactured goods on all state funded projects. Read the bill memo here.

    Mandated Project-Labor Agreements on Design-Build Procurement

    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.

    Transfers the New York State Canal Corporation to the New York Power Authority

    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.

    Extends the Authorization of the Dormitory Authority of the State of New York to Form Subsidiaries:

    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.

    MTA Procurement – Expands owner-controlled insurance programs to bus facilities, and bridge and tunnel projects:

    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.

    Requires public contracts to include a clause authorizing contractors to recover damages for delay:

    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.

    Ensures Consistency with the Federal Davis Bacon Act for Calculation of Payments for Supplements and Reciprocity of Debarments:

    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.

    Prohibits retention on payment for materials delivered and accepted for a public or private construction project:

    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.

    Bridge and Road Investment and Dedicated Fund Guaranteed Enforcement Reform Act (BRIDGE):

    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.

    Scaffold Law Reform – Establishes a Comparative Negligence Standard for Claims under Labor Law section 240:

    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.

    2014 Bill Memos:

    Relates to Claims and Actions Against the New York City School Construction Authority Arising Out of Contracts:

    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.

    Prohibits retention on payment for materials delivered and accepted for a public or private construction project:

    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.

    Extends until 2019 the exemption of New York City School Construction Authority from §101 of the General Municipal Law:

    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.

    Prohibits retention on payment for materials delivered and accepted for a public or private construction project:

    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.

    Infrastructure Friendly Vehicle Requirements:

    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.

    Job Order Contracting for Public Work Projects:

    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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