Welcome to the Building Trades Employers Association (BTEA) Legislative Report for the month of May. This release contains an overview of New York City and State government affairs activities including new legislation, policy and building regulations impacting the construction industry.

PROPOSED RULES

On April 21, the NYC Department of Consumer Affairs and Worker Protection conducted a hearing on proposed new rules for construction labor providers that would:

Clarify license application requirements.
Clarify notification requirements for covered construction workers informing them of their legal rights, required certifications and training, and information about assigned jobs.
Supplement recordkeeping requirements and the process for responding to a subpoena or request from the Department.
Create a penalty schedule for violations of construction labor providers.

On April 27, the NYC Department of Health conducted a hearing on New York City’s Smoke-Free Air Act (SFAA) which would prohibit smoking, including the smoking of cannabis, at a range of locations, with certain other locations being exempt from the smoking prohibition. The New York State Marihuana Regulation and Taxation Act (MRTA) amended section 1399-q of the New York Public Health Law to prohibit the smoking or vaping of cannabis in some locations exempt by the SFAA and New York City regulations. This rule would make the exemption provisions consistent between the two laws.

ADOPTED RULES

Effective May 1, the Department of Buildings will implement the Major Project Development Program, a set of rules established to help large, complex development projects proceed in an orderly and code-compliant manner. The program provides owners with dedicated project coordination and guidance services at an early stage and throughout the project’s development to them navigate applicable laws and regulations, attain permits, and avoid or expeditiously resolve violation issues.

EXECUTIVE ORDERS

Executive Order 13 creates a Chief Efficiency Officer and Steering Committee charged with:

Developing updated metrics to improve government transparency, performance, and accountability
Determining the “time tax” on New Yorkers and improving the delivery of services, informing the investment of new services, and increasing customer satisfaction
Identifying opportunities to reduce regulations and streamline business processes
Reviewing the NYC budget and evaluating new service performance improvement needs

Executive Order 11 - Effective March 10, 2022, all City agencies must take all necessary actions to ensure that their contractors require that all covered employees wear a face covering when: (i) interacting with members of the public in an indoor setting; or (ii) present in a location where the State Commissioner of Health has determined face coverings must be worn.

PROPOSED RULES

None at this time.

ADOPTED RULES

The MTA adopted an Emergency Rule requiring mask wearing when using the facilities and conveyances of the MTA and its operating affiliates and subsidiaries.

EXECUTIVE ORDERS

Executive Order 16 – As of March 17, 2022, NYS agencies and authorities are prohibited from contracting with businesses conducting business in Russia.

LEGISLATION ACTIVITY

STATE OF NEW YORK (4/1/2022 –4/15/22)

Delivered to the Governor:

Passed Both Chambers: None

Passed Single Chamber: None

Other Activity: None

CITY OF NEW YORK (4/1/2022 –4/15/22)

Bill Number	Sponsor	Summary	Action
Int 0152-2022	Council Member Brewer (by request of the Brooklyn Borough President)	A Local Law to amend the administrative code of the city of New York, in relation to establishing minimum neighborhood service standards and requiring environmental mitigation reports on certain large-scale developments	4-14-22: Introduced to the Council at the Stated meeting.
Int 0155-2022	Council Members Carr, Borelli, Ariola and Holden	A Local Law to amend the administrative code of the city of New York, in relation to requiring the commissioner of buildings to waive filing fees for permits to alter family dwellings to conform to the New York city fire code.	4-14-22: Introduced to the Council at the Stated meeting.
Int 0156-2022	Council Members Carr, Borelli, Ariola and Holden	A Local Law to amend the administrative code of the city of New York and the New York city building code, in relation to requiring carbon monoxide detecting devices in the basements of certain dwellings	4-14-22: Introduced to the Council at the Stated meeting.
Int 0163-2022	Council Member Holden	A Local Law to amend the administrative code of the city of New York, in relation to requiring photographic documentation evidencing certain violations enforced by the department of housing preservation and development.	4-14-22: Introduced to the Council at the Stated meeting.
Int 0182-2022	Council Members Powers and Marte	A Local Law to amend the administrative code of the city of New York, in relation to amending the definition of business dealings with the city to include certain uncertified applications to the department of city planning.	4-14-22: Introduced to the Council at the Stated meeting.
Int 0192-2022	Council Member Rivera	A Local Law to amend the administrative code of the city of New York, in relation to excluding community land trusts and affordable cooperative rentals from the housing portal	4-14-22: Introduced to the Council at the Stated meeting.
Int 0195-2022	Council Members Rivera and Brewer	A Local Law to amend the administrative code of the city of New York, in relation to requiring registration and inspection of vacant dwelling units	4-14-22: Introduced to the Council at the Stated meeting.
Int 0193-2022	Council Member Rivera	A Local Law to amend the administrative code of the city of New York, in relation to lead-based paint hazards in common areas of dwellings.	4-14-22: Introduced to the Council at the Stated meeting.
Int 0200-2022	Council Member Salamanca Jr.	A Local Law to amend the administrative code of the city of New York, in relation to quarterly reporting on objections to orders for the abatement or remediation of lead conditions	4-14-22: Introduced to the Council at the Stated meeting.
Int 0204-2022	Council Members Sanchez, De La Rosa, Richardson Jordan, Joseph, Stevens, Salamanca Jr., Dinowitz, Abreu, Ayala and Feliz	A Local Law to amend the administrative code of the city of New York, in relation to raising the inspection fees for certain housing inspections	4-14-22: Introduced to the Council at the Stated meeting
Int 0208-2022	Council Members Williams, Hudson, Salamanca Jr., Feliz, Riley, Stevens and Holden	A Local Law to amend the administrative code of the city of New York, in relation to inspections of self-closing doors in residential buildings.	4-14-22: Introduced to the Council at the Stated meeting

STATE OF NEW YORK (3/15/22 – 3/31/22)

Delivered to the Governor:

Passed Both Chambers: None

Passed Single Chamber: None

Other Activity:

Bill Number	Sponsor	Summary	Action
A766 / S2762	Asm. Rosenthal L / Sen. Ramos	Relates to securing payment of wages for work already performed; creates an employee lien	3-31-22: Passed Assembly
A1338A / S5994A	Asm. Magnarelli / Senator Ryan	Establishes a registration system for contractors and subcontractors engaged in public work and covered projects to better enforce existing labor laws and regulations in the public works industry	3-25-22: Amend and recommit to labor
A3784	Asm. Norris	Enacts the state contract sunlight act	3-29-22: Held for consideration in governmental operations
S3142 / A6433	Sen. Gournades / Asm. Rosenthal D	Relates to helping small businesses in the procurement and purchase of personal protective equipment for employees	3-22-22: Reported and committed to Finance
S5994A / A1338A	Sen. Ryan / Asm. Magnarelli	Establishes a registration system for contractors and subcontractors engaged in public work and covered projects to better enforce existing labor laws and regulations in the public works industry	3-25-22: Amend and recommit to labor

CITY OF NEW YORK (3/15/22 – 3/31/22)

Bill Number	Sponsor	Summary	Action
Int 0105-2022	CM Abreu / CM Feliz (By request of the Bronx Borough President)	A Local Law to amend the administrative code of the city of New York, in relation to housing and fire safety.	3-24-22: Introduced to the Council at the Stated meeting.
Int 0117-2022	The Public Advocate (Mr. Williams)	A Local Law to amend the administrative code of the city of New York, in relation to prohibiting non-disclosure agreements relating to development projects	3-24-22: Introduced to the Council at the Stated meeting.
Int 0134-2022	Council Members Williams and Brannan	A Local Law to amend the administrative code of the city of New York, in relation to the employers required to post minimum and maximum salary information.	3-24-22: Introduced to the Council at the Stated meeting.

CITY OF NEW YORK (3/1/22 – 3/15/22)

Bill Number	Sponsor	Summary	Action
Int 0078-2022	Gale Brewer	A Local Law to amend the administrative code of the city of New York, in relation to creating an informational campaign concerning workers’ rights under the earned safe and sick time act.	3-10-22: Introduced to the Council at the Stated meeting.

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