Welcome to Building Trades Employers Association (BTEA) Legislative Update. 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.

DECEMBER REVIEW

PROPOSED RULES

None at this time.

ADOPTED RULES

None at this time.

EXECUTIVE ORDERS

Executive Order 316, superseded by Executive Order 317: A covered entity shall not permit a patron, full- or part-time employee, intern, volunteer or contractor to enter a covered premises without displaying proof of vaccination and identification bearing the same identifying information as the proof of vaccination. December 13, 2021 and December 15,2021.

Supplemented by NYC Health Department Order dated December 13, 2021.

PROPOSED RULES

On May 5, 2021, the New York Health and Essential Rights Act (NY HERO Act) was signed into law. The Department of Labor proposes rules which permits employees to form workplace health and safety committees to work with employers on safety and health issues. In adopting Section 27-D of the Labor Law, the legislature sought to ensure that employees have the opportunity to provide input so as to provide for greater protection in the workplace through workplace safety committees.

The law mandates that the Department of Labor adopt regulations to effectuate the provisions and purposes of Section 27-D. Hearing February 9, 2022.

ADOPTED RULES

Emergency rule issued by NYS Department of Health provides that masking may be required under certain circumstances, as determined by the Commissioner based on COVID-19 incidence and prevalence, as well as any other public health and/or clinical risk factors related to COVID-19 disease spread and that the cost of masks are to be borne by an employer.

EXECUTIVE ORDERS

None at this time.

LEGISLATION ACTIVITY

STATE OF NEW YORK

Delivered to the Governor:

Bill Number

Sponsor

Summary

Action

A6232-C / S4323-C

Assembly Bichotte Hermelyn /

Senator Comrie

Establishes a construction industry advisory council on public contracting reform.

12-10-21: Delivered to the Governor

12-31-21: Signed Chapter 782

12-31-21: Approval Memo.167

A1106-B / S255-B

Assembly Bronson / Senator Mayer

Requires payment of prevailing wage on public works projects for work involving the hauling and delivery of aggregate supply construction materials.

12-31-21: Signed Chapter 823

12-31-21: Approval Memo. 163

Passed Both Chambers: None

Passed Single Chamber: None

Other Activity: None at this time

CITY OF NEW YORK

Bill Number	Sponsor	Summary	Action
Int 2449-2021-A	Vanessa Gibson	A Local Law to amend the administrative code of the City of New York, in relation to penalties for failing to certify correction of immediately hazardous conditions and the reinspection of immediately hazardous conditions at construction sites	12-15–21: Passed the full Council at the Stated meeting.
Int 1208-2018-B	Helen Rosenthal	Prohibiting employers from posting job listings without minimum and maximum salary information.	12-15–21: Passed the full Council at the Stated meeting.
Int 2486-2021	Kalman Yeger	A Local Law to amend the administrative code of the City of New York, in relation to reports on exterior wall inspections Housing and Buildings	12-15–21: Introduced at the Stated meeting.
Int 2487-2021	Kalman Yeger	A Local Law in relation to establishing a temporary program to resolve certain outstanding reports and associated unpaid civil penalties required by the department of buildings and reporting in relation thereto Housing and Buildings	12-15–21: Introduced at the Stated meeting.

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