New York 2025 Session Status: Introduced

A2747 — Relates to the inclusion of certain off-site custom fabrication as public work for the purposes of payment of prevailing wage

Last action — Assembly Floor Calendar

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  1. 1
    Introduced
  2. 2
    In Committee
  3. 3
    Passed Assembly
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill has been introduced in the Assembly. Introduced January 22, 2025. It must pass committee before a floor vote.

Next likely step: a committee referral and hearing.

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Where this bill stands today.

Odds of enactment

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Summary

Ensures that construction and fabrication done off of a public work site for specific use only in a public work project be compensated at the prevailing wage rate.

Bill Text

How this bill changes current law

1 change Share ↗

Compared against the New York Consolidated Laws as published AI-generated reading aid — verify against the official bill.

This bill amends 1 section(s) of the New York Consolidated Laws: Section 220 of the labor law.

  • Section 220 of the labor law

    (f) (i) For the purposes of this subdivision contractors or subcon- tractors engaged in custom fabrication shall not be regarded as material suppliers. For the purposes of this subdivision, a legal day's work for which the prevailing rate of wages for the New York county in which the public works project is situated shall be paid to laborers, workers and mechanics shall include custom fabrication regardless of whether the custom fabrication occurs on-site, off-site, or in another jurisdiction outside the state where the custom fabrication constitutes a significant portion of the building or work, it shall be a condition of the contract concerning all such custom fabrication work that the contractor or employer awarded the public work contract, except where the project includes federal funding that triggers federal rules for wage require- italics ments, and any subcontractor thereto shall pay the on-site prevailing wage required for workers at the site of the public work project to those workers performing the custom fabrication. To perform a public works contract each contractor or subcontractor who employs workers off-site for the custom fabrication work related to a public work project shall maintain certified payrolls for those workers and provide such payrolls, with original certifications, to the department at least annually and upon request, and shall comply with section two hundred twenty-i of this article, as applicable. For the purposes of this subdivision the term "custom fabrication" shall include, but not be limited to, the fabrication of exterior or interior wall panel systems, woodwork, electrical, plumbing, heating, cooling, ventilation or exhaust duct systems, rebar cages, and mechanical insulation solely and specif- ically designed and engineered for installation in the construction, repair or renovation of a building which is the subject of a contract to which the state, a department of the state, a board or officer in the state, a municipal corporation, a public benefit corporation or a commission appointed pursuant to law is a party. For the purposes of this subdivision, a "significant portion of building or work" means that portions or modules of the building or work, as opposed to smaller prefabricated components, are delivered to the place where the building or work will remain, with minimal construction work remaining other than the installation and/or assembly of the portions or modules. (ii) The department of jurisdiction, as defined in subdivision three-a of this section and including any entity to whom such department of jurisdiction delegates their authority, shall be required to report to the fiscal officer the intention to contract for custom, off-site fabri- cation of any materials on all contracts, regardless of the amount, which may include the employment of laborers, workers or mechanics in the application to the fiscal officer for the approval of such contract. The department of jurisdiction's report shall state the name and address of the off-site, custom fabricator, identify the custom materials that are being fabricated off-site and the quantity thereof, the estimated and actual cost of the off-site fabrication, and the estimated number of workers employed to complete the custom fabrication at the off-site location.

    amended

Action History

  1. SUBSTITUTED BY S2536A

  2. ORDERED TO THIRD READING RULES CAL.606

  3. RULES REPORT CAL.606

  4. REPORTED

  5. PRINT NUMBER 2747A

  6. AMEND (T) AND RECOMMIT TO RULES

  7. REPORTED REFERRED TO RULES

  8. REPORTED REFERRED TO WAYS AND MEANS

  9. REFERRED TO LABOR

Sponsors

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 218 not signed on

Sponsors (1)

Co-sponsors (0)

None.

Not signed on (218)

218 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Subjects

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Frequently asked questions

What does A2747 do?
Ensures that construction and fabrication done off of a public work site for specific use only in a public work project be compensated at the prevailing wage rate.
Who sponsors A2747?
A2747 is sponsored by Harry B. Bronson.
What is the current status of A2747?
This bill has been introduced in the Assembly. Introduced January 22, 2025. It must pass committee before a floor vote.
Where can I track A2747?
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