THE NEW YORK STATE LEGISLATURE ‘September 8*, 2017 ‘The Honorable Andrew M. Cuomo Governor of New York State NYS State Capitol Building Albany, NY 12224 Dear Governor Cuomo: ‘As you are already quite aware, New York is currently in the middle of a transportation infrastructure crisis. Amtrak, the MTA, and the Port Authority require billions of dollars to update long-underfunded construction and repair projects. Across the state, bridges and airports are in dire need of repair. Unfortunately, a unique New York law known as the “Scaffold Law” has caused millions of public dollars to go to waste. The statute is found in article ten of the New York State Labor Law and contains provisions to which judges apply “absolute liability,” a liability standard that is not seen anywhere else in our civil justice system, anywhere else in the country, or anywhere else in the world, This ercane standard inflates the cost of general liability insurance on all construction projects in the state. As the state has limited resources and receives minimal funding from the federal government, infrastructure dollars cannot continue to be spent on this unjust and expensive law. It should be noted that: 1) A “practice ready” paper sponsored by the Transportation Research Board of the National Academies of Science, Engineering, and Medicine concludes that the law actually increases construction site accidents, 2) The Rockefeller Institute of Government estimates that the law costs $785 million in public funds each year. 3) The Port Authority of New York and New Jersey estimates that the liability costs on the New ‘York side of a project are double what they are on the New Jersey side. 4) The New York School Boards Association estimates that the law costs upstate school districts, $200 million each year, and the New York City School Construction Authority puts the cost on NYC schools at $215 million annually. 5) A policy paper recently published by the Builders Trade Employers Association, which has ‘one of the best safety records in New York City, speaks specifically to the impacts of Labor Law 240 and how it is continues to be a significant obstacle to increasing the capacity of MWBE Contractors.Given the facts at hand ~ and because you have spoken in favor of Scaffold Law reform in the past — we, the undersigned Members of Assembly, urge your office to include comprehensive Labor Law reform in the 2018 Executive Budget proposal. A bill that is currently pending in the Assembly, A0S624 would apply CPLR §1411 to article ten of the Labor Law and bring those provisions in line with the rest of New York’s civil justice system. If enacted, this measure would promote worksite safety and reduce liability costs for both public and private sector construction in New York. Reforming this law would not only save money on infrastructure projects, it would lower the cost of building schools, make affordable housing more affordable, help MWBEs find insurance, and allow disaster relief agencies like Habitat for Humanity re-build at a lower cost, Most importantly, the proposed reform would not weaken the statute’s safety provisions and lead to safer work environments for al Sincerely, Qa ee 7 Member of Assembly Member of Assembly John T. MeDonald Ii Pamela Harris Member of Assembly Member of Assembly Sandra R. Galef William Magee Callhores, O'Wiwe Member of Assembly Anthony D’Urso Member of Assembly Robin Schimminger CC: Alphonso David, Counsel to the Governor Ali Chaudhry, Deputy Secretary for Transportation