GOVERNMENT AFFAIRS UPDATE
OCTOBER 2025

Off-site Custom Fabrication Bill Awaits Transmittal to the Governor

The offsite custom fabrication bill (A.2747-A/S.2536-A), which passed the full legislature this spring, will be sent to the Governor for consideration sometime between now and year’s end. As we have reported in the past, this bill seeks to ensure construction and fabrication work done off-site on a public works project is compensated at the prevailing wage rate. NYECA has and continues to oppose the most recent version of this bill because it is vague, poorly drafted, will be impossible to administer and enforce, and generally creates an uncompetitive business environment for union contractors. While NYECA consistently supports the payment of prevailing wage, this bill as drafted is unacceptable and, as a result, we continue to oppose it. Most recently, we met with the Governor’s staff to express our concerns, and will soon be submitting a memo to the Governor asking her to veto the bill. NYECA will remain vigilant as we await transmittal of the bill to the Governor.

Governor Signs Renewable Energy Systems Apprenticeship Bill into Law

On September 5, the Governor signed into law a bill which requires contractors and subcontractors performing construction work for covered renewable energy systems to use apprenticeship agreements (A.2730-A/S.4881-A). While not a high priority for NYECA, we were still carefully tracking it. The bill requires all contractors and subcontractors performing construction work on renewable energy systems covered by Labor Law Section 224-d to use apprenticeship agreements, and additionally, requires such contractors and subcontractors working on thermal energy networks to also use pre-apprenticeship direct entry providers.

However, the Governor signed the bill subject to a “chapter amendment”, which is essentially a handshake agreement between the Governor and the legislature to modify legislation before her for final consideration. In this instance, the Governor required changes to “[add] flexibility for contractors and subcontractors where there may not be enough apprentices or pre-apprentices in the various industries and geographic regions of the state to support vital renewable energy projects without causing delays or barriers.” In addition, the chapter agreement will delay the effective date of the law. NYECA is monitoring for introduction of the chapter amendment, which typically passes in the early weeks of the following legislative session, in this instance 2026. NYECA members performing work on renewable energy systems should be aware of the apprenticeship agreements that this new law will require – please contact us if you have any questions.

IBEW Local 3 Endorses Andrew Cuomo in NYC Mayoral Race

IBEW Local 3 has formally endorsed Andrew Cuomo in the NYC Mayoral race. This was the former governor’s first major union endorsement in the general election. Cuomo, who is running as an independent, is seeking to consolidate the “anti-Mamdani” share of the electorate after Assemblyman Zohran Mamdani won the Democratic primary. As of the time of writing, Mamdani leads polling with approximately 45% of the vote, with Cuomo in second place with approximately 25%. Both incumbent Mayor Eric Adams and Republican candidate Curtis Sliwa, who trail behind in third and fourth place, respectively, remain in the race. NYECA itself has remained neutral and will build relationships with whoever wins the mayoral race in November.

NYECA Priority Bill Status Update

With the legislature in summer recess, there has been no change in status for the high priority bills we are working on since last month, but we continue to carefully monitor the following, and are advocating accordingly:

        • 5405 Hunter)/S.5655 Ryan – Compliance with the statutory requirement of a maximum 5% retainage in construction contracts. PRIORITY SUPPORT
            • NYECA submitted a letter of support to the governor.
        • 2747-A Bronson/S.2536-A Jackson – Inclusion of certain off-site custom fabrication as public work for the purposes of payment of prevailing wage. PRIORITY OPPOSE
            • NYECA is drafting an opposition letter to the governor.
        • 8429-B Bronson/S.7950-A Bailey – Relates to the establishment of a fraud assessment commission, an assessment for workers’ compensation fraud investigations and the workers’ compensation fraud investigation fund. OPPOSE
            • NYECA submitted a letter of opposition to the Governor.
        • 7235 Bichotte Hermelyn/S.6315 Sanders – Establishes expanded construction mentorship opportunities for small and minority and women-owned business enterprises. NEUTRAL/SUPPORT
        • 4727 Bronson/S.50 Comrie – Relates to paid family leave benefits NEUTRAL
        • 6063 Lunsford/S.4423 Hoylman-Sigal – Provides for the types of damages that may be awarded to the persons for whose benefit an action for wrongful death is brought. OPPOSE

If you have any questions or would like additional information on any New York State or New York City legislative matter, including copies of any legislation or regulations mentioned in this article, please contact Peter Rescigno or NYECA lobbyist Perry Ochacher at (914) 319-9173.