VOLUME 1

ISSUE 1

April 13, 2022

CARLOS' LAW

Carlos' Law is named for 22-year-old Carlos Moncayo, an Ecuadorean who was buried alive at a construction site in New York City's meatpacking district in April 2015 while working in an unreinforced 13-feet-deep trench that had been cited by safety inspectors.

The NYS Legislature has introduced legislation that would impose criminal sanctions on companies and individuals where there are safety-related injuries and deaths. This legislation is a response to the HARCO case in which several immigrant workers were buried alive in a trench after their supervisor refused to let them out. Attached you will find the memo of opposition sent by the BTEA New York to the NYS legislators sponsoring this bill. 

421-A TAX ABATEMENT

The BTEA New York has also had discussions with REBNY which is seeking a solution in return for labor’s support of the 421-a tax abatement issue. Efforts to extend the 421-a tax incentive program to encourage the construction of housing did not get included in the NYS budget. It will be discussed as a separate legislative issue with strong opposition from Albany legislators.

COVID-19 PAYMENT RELIEF

The BTEA New York attempted to insert in the budget language that would have given relief to contractors on COVID-19 payment requirements issued by the NYS Department of Labor because of the financial implications to contractors. That effort was not successful as we found out to do so would require legislative change which no one was interested in addressing at this time. Attached you will find our request to the Governor.

NEW CONTRACTOR SAFETY LICENSING BILL

A new contractor licensing bill has been introduced in the state legislature that would require all contractors in the state to register with the NYS Department of Labor in order to do any work. The new bill establishes safety standards to be met by all contractors. The BTEA New York is drafting a Memorandum of Opposition to be sent to Albany on this bill. 

MTA CHANGE ORDER & PAYMENTS IMPROVEMENTS

The BTEA New York met with Jamie Torres Springer, MTA Chief Development Officer to discuss several issues, including the $4 billion Second Avenue Subway and how the BTEA New York can assist the agency in those efforts: 

• Improving change orders and payments at the agency for contractors;
• Changes in their contract language which require contractors to be responsible for marijuana use on their projects directly contradict NYS Department of Labor requirements for contractors to follow in terms of what they are allowed to do with their workers;
• A possible Project Labor Agreement for the next phase of the Second Avenue Subway; and
• A request to allow contractors to amend their bids and be reimbursed for material cost escalations after the submission of original bids. 

MAYORAL CONTRACT REFORM PANEL

The BTEA New York, along with several of its contractors, has been appointed to a Mayoral Contract Reform Panel to make recommendations on how the city should change its policies on issues like change orders, payments and contract language. The BTEA New York will be establishing a subcommittee of its Government Affairs committee in order to draft written positions on these issues to submit to the City. If you, or your General Counsels, would like to participate, please send the names and contact information to Donald Ranshte of the BTEA at [email protected] ASAP.

NYS BUDGET PREVAILING WAGE REQUIREMENTS

The FY 2022-2023 Budget has been adopted and includes a requirement for the payment of Prevailing Wages for all project funded by the $4.2 billion Environmental Bond Act. 

NATIONAL SAFE BUILD CONFERENCE

SAFETY AWARDS | APRIL 27, 2022

VIRTUAL SAFETY FORUM | APRIL 28, 2022

BTEA New York is holding its annual 2022 National SAFEBUILD Forum on April 27 and April 28, 2022. The national safety forum helps the industry innovate to build better, safer and smarter. To learn more, visit www.bteany.com/safe-build/

NEW BTEA NEW YORK DEPARTMENT OF BUILDINGS INITIATIVES

Currently, the BTEA New York is participating on two massive undertakings with the DOB.

1. Amending the Existing Building Code. The goal of the existing building code is to replace the need to refer back to the 1968 or 1938 (or earlier) codes when renovating an older building. As part of the revisions existing building code effort, the BTEA New York is watching out for concerns of contractors in construction and demolition safety in the context of existing buildings.
2. Chapter 33 Revisions [The safety and worker protection part of the Construction Code] BTEA New York is reviewing contractor issues focused on: tenant protection plans, fire safety in occupied buildings, and sidewalk sheds. This portion of the Code also focuses on adjoining property protection, scaffolds, cranes and similar equipment, rigging and excavations

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