
2025 Policy Agenda
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2025 Policy Agenda
A MESSAGE FROM OUR CHAIR, GREGORY A. KELLY, AND PRESIDENT & CEO, CARLO A. SCISSURA
SUCCESSES IN 2024, NEW AMBITIONS FOR 2025
The Building Congress is hitting the ground running this year with renewed determination and a reinvigorated sense of purpose. A new year brings new opportunities, and we cannot wait to roll up our sleeves and get to work shoulder-to-shoulder with our elected and public officials, to create policies that will maximize growth, eliminate unnecessary barriers, and secure a prosperous future for all New Yorkers.
The building industry’s hard work, resilience, adaptability, and innovative projects continue to be a source of inspiration. Despite ongoing economic fluctuations and high interest rates, our members have not only persevered but excelled, showing once again that our industry is a major source of economic growth and prosperity in New York and the nation.
The Bipartisan Infrastructure Law (BIL) will need reauthorization in 2026. Discussions on its scope and scale will begin this year. Our top priority will be to ensure a robust reauthorization of that landmark legislation, and to ensure that the funds already announced are allocated swiftly to projects across America, particularly in the New York region. The BIL was an essential shot in the arm and we as an organization will continue to fight for long-term, recurring commitments to fund vital projects and repairs, stewarded by the expertise of our members, to rebuild our aging infrastructure.
Our objectives in 2025 are both bold and achievable. This report outlines strategic initiatives for collaboration across federal, state, and city levels, focusing on building housing, enhancing our workforce, embracing new technologies, and strengthening our infrastructure to withstand future challenges.
With a clear eye on the future, the New York Building Congress remains committed to advocating for and working alongside our members. We eagerly anticipate another year of groundbreaking achievements and unwavering progress.
Introduction
The New York Building Congress is the leading champion for the building industry, playing a key role in shaping the built environment of our region and beyond. We bring together architects, engineers, contractors, developers, owners, consultants, labor and everyone in between. We navigate challenges and seize opportunities, consistently supporting initiatives to foster growth, drive job creation and create a stronger economy for all New Yorkers.
Last year, due in large part to successful outreach and advocacy efforts by the Building Congress, along with our partners in government, New York made progress on major policy initiatives. Many of these goals were major priorities in our 2024 Policy Agenda.
Top Ten 2024 NYBC Advocacy Successes
- City of Yes for Housing Opportunity
- City of Yes for Economic Opportunity
- 421-a extension for vested projects
- A new tax abatement program to replace 421-a (485-x)
- Removal of the 12 Floor-to-Area Ratio (FAR) Cap
- $650 million for Pro-Housing Communities
- Un-pausing Congestion Pricing for a fully funded MTA
- Funding to kickstart construction (Phase II) and planning (Phase III) of the Second Avenue Subway extension, as well as the Interborough Express (IBX)
- $200 million to establish Workforce Development Centers statewide
- Alternative project delivery expansion – particularly the New York City Department of Design and Construction’s (DDC) Construction Manager (CM)-
Build authorization
In 2025, we seek to build on these successes, keeping our momentum strong and delivering even more innovative and advanced policy solutions to New York.
Top 2025 Priorities
- Securing a reauthorized federal infrastructure bill and long-term infrastructure investments, including the Surface Transportation Reauthorization
- Expanding and improving the 485-x housing tax abatement program and supporting additional programs to incentivize housing production
- Sustaining robust capital budgets for New York State and City agencies, including the Metropolitan Transportation Authority (MTA), Port Authority of NY & NJ (PANYNJ), and other public authorities
Our 2025 Policy Agenda is a pragmatic blueprint for our advocacy efforts, grounded in technical expertise, and full of policies aimed at accelerating essential public and private projects to improve our city, state, and nation for generations to come.
Bipartisan Infrastructure Law
The Bipartisan Infrastructure Law (BIL) is a unique opportunity to catapult our nation’s infrastructure into the future, and New York must lead the charge in this transformation. The state has already seen nearly $29 billion in funding announced for New York. The Building Congress calls for the expedited allocation of remaining BIL funding to invigorate infrastructure development and economic growth. We also seek better tracking and transparency of BIL spending at the Federal and State levels.
Key Policies
Reauthorize the BIL
The $1.2 trillion infrastructure funding bill expires in fiscal year 2026. It is imperative that a new, comprehensive funding mechanism is created in its place to solidify the gains our nation has made in terms of infrastructure improvements and to ensure that our national infrastructure is not only maintained, but future-proofed.
Workforce Development
We will encourage lawmakers to maximize BIL funding for apprenticeship and pre-apprenticeship programs. To that end we specifically support the following federal legislation:
- HR 3734, Essential Workers for Economic Advancement Act
- Creates a market-driven immigration visa program for workers in occupations that do not require a college degree to do year-round, non-farm work.
- HR 6629, YouthBuild for the Future Act (Senate Companion – S 3426)
- Reauthorizes the YouthBuild program, a national program that equips opportunity youth – to education, employment, and leadership skills.
- HR 6042, BUILDS Act
- Provides workers with skills needed to fill infrastructure jobs by creating new grants for industry partnerships in the infrastructure sector. The bill includes funding for support services, such as childcare and transportation.
Streamline Environmental Reviews
Enact reforms to the National Environmental Policy Act (NEPA) to expedite reviews for infrastructure projects. Specifically, we support the following legislation:
- HR 3316, One Federal Decision for All Act
- Extends One Federal Decision environmental review streamlining provisions – such as combining environmental documents among agencies, concurrent agency reviews, creating reasonable page limits for documents, and reasonable time limits for reviews – to port, aviation, and pipeline projects, as applicable.
- S 1449, RESTART Act
- The RESTART Act introduces provisions to streamline the agency review process with enforceable timelines, implement time limits to prevent endless legal challenges, and modernize current laws while maintaining environmental protections.
Priority Legislation for Future Infrastructure Investment
- HR 490, Federal Infrastructure Bank Act
- Establishes the Federal Infrastructure Bank and the Federal Infrastructure Bank Holding Company. The bank is intended to provide equity investments, direct loans, and loan guarantees for the planning, predevelopment, design, construction, operation, or maintenance of infrastructure projects in the United States.
More Housing for All New Yorkers
Quality, affordable housing is fundamental to our state’s health, and we are committed to advancing policies that expedite its development across income levels. The single most effective way to bring down housing costs for all New Yorkers is by dramatically increasing our housing supply to meet explosive demand. New York is grappling with an acute housing shortage, exacerbated by the expiration of the 421-a program, previously a key driver for residential development. In its place, the 485-x program was introduced, and we will monitor its progress to ensure that its benefits are maximized, while championing other policies required to fully address our housing challenges.
Current estimates suggest that New York City will only see about 29,000 new units in 2025, far from sufficient to close the existing gap, which numbers in the hundreds of thousands. Additionally, while the City of Yes for Housing Opportunity was the largest citywide rezoning since the 1961 Zoning Resolution, aiming to add 80,000 homes over the next 15 years, we still urgently need a more aggressive strategy. This was an incredible first step, and now it’s time to dive in headfirst.
Our housing crisis and associated lack of population growth is directly detrimental to our congressional standing and representation in Washington, D.C. To avoid losing two House seats and genuinely alleviate the housing crisis, we would need to build more than 800,000 new homes statewide by 2030. This mammoth lift would require urgent action from the state legislature to implement a new and more potent tax abatement program, deeper zoning overhauls, and clear initiatives to remove barriers that restrict housing construction.
Housing Supply Acceleration
485-x
New York’s 485-x program was a significant effort to fill the gap left by the expiration of the 421-a tax incentive, aiming to create a boom in residential development after a period of slow growth. However, there are growing concerns that 485-x may not offer sufficient incentives to effectively fuel the desired level of construction activity.
The program’s current structure, while robust, might not fully align with the economic realities of the building industry in NYC. To enhance the law’s effectiveness and follow its intent, we urge elected officials to reevaluate, expand, and fine-tune designated zones for projects with over 150 units, along with the implementation of more detailed, and varying Area Median Income (AMI) levels and corresponding wage requirements better tailored to each neighborhood’s specific economic conditions.
Additionally, extending the duration of tax credits beyond the current terms would provide builders with the longer-term financial assurances needed to undertake these substantial projects, ultimately fueling more growth in the city’s housing stock.
Due to the way that 485-x categorizes incentives, if we don’t enhance and improve the current program, the city is expected to have a surge in developments of exactly 99 housing units (which avoids many regulatory requirements), at a time when New Yorkers need as many homes as we can get.
What else can we do?
- Fast-Track Environmental Reviews: Streamline environmental assessments for new housing and housing-related infrastructure to expedite development and avoid unnecessary delays in housing production.
- Zoning for Affordable Housing: Enable as-of-right construction of affordable housing in districts where less than 10% of housing is available at below-market rents.
- Deepen zoning exemptions within Special Transit Land Use Districts citywide: Expand the area to a full half mile in each transit zone, as set out in the original City of Yes proposal.
- Infrastructure Assessments for Large Projects: In the final version of City of Yes, the State and City committed to investing $5 billion in critical infrastructure upgrades to prepare neighborhoods for an increase in residents. These include improvements to existing drainage and sewage systems, streets and sidewalks, and flood mitigation efforts. Sustained needs assessments and funding for capital upgrades where appropriate will ensure that communities have the public infrastructure necessary to accommodate growing populations.
- Commercial Space Conversion: We support incentivizing the conversion of underutilized commercial spaces into residential units to meet the pressing housing demands and make better use of existing urban infrastructures by creating 24/7 neighborhoods. The City of Yes initiative is expected to ease the transformation of office spaces into homes, and the new “Affordable Housing from Commercial Conversions Tax Incentive Benefits program” (467-m) provides a partial tax exemption to facilitate office conversions. We will closely monitor the effectiveness of incentives provided under these new policies and will advocate for adjustments if these incentives prove insufficient.
Suburban Senior Housing
State lawmakers must prioritize the development of senior housing as a strategic option to increase stock in suburban areas to accommodate the rising need for accessible, reasonably priced living options for older adults. This approach minimizes the potential financial impact on municipal educational systems by not increasing student enrollments, while freeing up more housing overall as seniors relocate.
As older adults retire and their needs change, it’s essential that they’re able to continue living in the communities they call home.
Comprehensive Rezoning Initiatives
- Midtown South and Atlantic Avenue Mixed-Use Plans: Support the Department of City Planning’s (DCP) Mixed-Use Plans to promote sustainable urban development in these two critical neighborhoods to support improved housing and economic opportunities for city residents.
- Broadway Junction Rezoning: Promote TOD in one of Brooklyn’s busiest transit hubs to grow the neighborhood into a regional transit center and leverage large recent government investments in the station is simply good urban planning.
- Long Island City Rezoning: Facilitate future growth of a neighborhood quickly becoming an economic powerhouse in the city.
- Citywide Industrial Plan, established under Local Law 172-2023, is designed to strengthen and develop industrial and manufacturing enterprises and employment opportunities. The plan focuses on determining the most effective ways to foster a contemporary, expanding sustainable industrial economy and to optimize the use of industrial zones across the city.
Legislation We Support
The “Jobs and Housing Act” (2023-S8993A) proposed a pilot program to address New York’s concurrent employment and housing crises by fostering job creation in the construction sector and expanding affordable housing. This legislation introduces funding for new and rehabilitated housing projects, prioritizing union participation and supporting minority and women-owned enterprises, to ensure housing affordability and enhance economic opportunities across the state.
Ultimately, increasing our housing supply is essential for maintaining a healthy fiscal environment, increasing state and local tax revenues, as well as more paid riders on transit and commuter rail lines, offsetting state subsidies to the Metropolitan Transportation Authority.
Policy Best Practices from Other States
- Massachusetts’ Zoning Act Section 3A offers a compelling model for promoting transit-oriented development (TOD) by mandating that communities within the Massachusetts Bay Transportation Authority (MBTA) service area allow multifamily housing “as of right” within half a mile from transit hubs, if the district doesn’t already meet density requirements. In Massachusetts, the minimum gross density is pinned at 15 units per acre, but New York can do even better. While the City of Yes allowed for additional zoning flexibility within New York City, there is no statewide TOD policy that mirrors the effectiveness of the Section 3A law. New York can and should replicate a similar, and more ambitious policy statewide.
- Rhode Island is considering a pioneering approach to public housing by establishing a state-administered revolving fund. This initiative, seeded with $10 million from a newly approved $120 million housing bond, aims to provide low-interest construction loans for developers building mixed-income housing on public land. The loans would be repaid at the permanent financing stage, with ongoing costs covered by market-rate rents.
Federal Priorities for Increasing our Housing Supply
- HR 6199, the Build More Housing Near Transit Act of 2023
- Encourages the development and construction of low- and middle-income housing in transit-served, walkable locations.
- HR 3940, Neighborhood Homes Investment Act (Senate Companion – S 657)
- This bill allows a business-related tax credit for certain development costs for the acquisition, rehabilitation, or remediation of qualified real property.
- Expansion of Low-Income Housing Tax Credit (LIHTC):
- Reinstate the 12.5 percent increase in the state housing credit ceiling for the 9 percent LIHTC, enhancing states’ ability to allocate more credits to affordable housing projects. Additionally, reduce the tax-exempt bond financing requirement from 50 percent to 30 percent for projects initiated before 2026. This adjustment facilitates easier access to necessary funding, accelerating the development and rehabilitation of affordable housing units.
Transportation
High-quality public transportation has long been viewed as the cornerstone of New York City’s economy. Our transit network is the great equalizer, where New Yorkers of all walks of life share a commute. Every $1 invested in public transportation generates $4 in economic returns, and we intend to help deliver those returns to hard working New Yorkers who deserve a clean, safe, and affordable public transit system.
To that end, we call upon the state to fully fund the MTA to ensure a robust capital program and the successful implementation of their 20-Year Needs Assessment and upcoming 5-Year 2025-29 Capital Plan.
We also cannot forget the importance of maintaining and continuously upgrading our roads, bridges and highway networks, key targets of federal infrastructure funding and often the lifeblood of New York’s supply chain for essential goods on which we rely.
5 Key Policy Recommendations
- Station Accessibility Improvements
Allocate dedicated, sustained, and adequate funding to prioritize ADA compliance across all MTA stations, ensuring universal accessibility for all transit riders. - Leverage Transit-Oriented Development to Support Transit Needs
Expanding bonuses like the Zoning for Accessibility (ZFA) program, helps deliver on the MTA’s promise of accessibility while also meeting citywide housing development goals. - Optimize Risk Sharing to Attract Competition
A better risk environment will incentivize a broader and more diverse group of firms to bid on MTA projects, with the understanding that a fair balance of risk supports both parties and the city. This also includes reducing requirements that are unnecessary and burdensome, such as onerous insurance, indemnification, or bonding requirements. - Speedier Change Order and Invoice Processing
By developing close working relationships to gather feedback from the building community, led by Building Congress members, the MTA can create a model of collaboration and efficiency that sets an example for procurement agencies across the nation. This must include timely payment processing on change orders and invoices, particularly when the work has been fully completed. - Implement a Qualifications-Based Selection Pilot Program
Adopting a qualifications-based selection (QBS) process for certain MTA contracts can ensure that contracts for vital projects are awarded based on the expertise of the firm, rather than solely on the lowest bid. For some projects, this approach can lead to high quality outcomes and reduce overall long-term project costs by minimizing changes and delays. We urge examination of a pilot program to further explore potential avenues for QBS.
Key Transportation Projects
Projects for Today
- Penn Station Redevelopment: Fast-track the comprehensive Penn Station Redevelopment project, a linchpin in modernizing regional transportation and passenger experience.
- Gateway Program: Prioritize the Gateway Program to ensure the resilience and reliability of our rail infrastructure. It is essential that every component of Gateway Program is funded and functioning to get the maximum benefit for this section of the Northeast Corridor.
- Reimagine the BQE: Champion innovative solutions for the Brooklyn-Queens Expressway to ease congestion and fortify connectivity. In order to even begin a discussion of how to reconstruct the BQE, we first need to secure funding from Washington. In 2024, a $5.6 million federal grant was secured to fund part of the planning process, but more funding is needed to finalize design work.
- Second Avenue Subway: Begin Phase 2 construction and Phase 3 planning.
- Interborough Express (IBX): Continue design and environmental review work for the Interborough Express project, which would revolutionize intra-city transit options.
- “Close the loop”: Finalize the East Midtown Waterfront project on the Manhattan Greenway.
Projects for Tomorrow
- A Long Island Sound Crossing with Bus Rapid Transit.
- An AirTrain to LaGuardia Airport (LGA)
- A New Outerbridge Crossing
- A bridge to connect Hunts Point to a newly transformed and reimagined Rikers Island and LGA
- Hudson Line Metro-North Connection to Penn Station
- W or 1 Train Expansion to Red Hook
- A transit connection from Manhattan to Staten Island
- Ferry Service Expansion to John F. Kennedy and LaGuardia Airports
- Deck over roadways like the Cross Bronx Expressway to create green spaces and
housing - Enhance micro mobility and last-mile
delivery in transit-starved areas - Further develop and improve public
spaces for a more livable built environment - Leverage waterways for transportation and logistical purposes to reduce road congestion
Casinos
Despite state laws authorizing casino operations, prolonged land use and zoning approval processes have significantly delayed their rollout, frustrating developers and stalling job creation and economic growth. We need to streamline and expedite approvals to fully leverage the economic benefits of casino projects, including job creation in the construction, hospitality and entertainment sectors.
To fully capitalize on the economic opportunities that casinos offer, it’s essential for local and state governments to work together, ensuring licensing framework allows for swift and efficient project realization. Online gaming exists in New York, and there are already casinos in New York State, surrounding states, and one in New York City, but one is not nearly enough to meet the demand of the largest city in the country. It’s well past time that New York catches up and takes advantage of the economic opportunities that casino development will bring.
Upgrading New York’s Energy Network
New York state has set ambitious goals to transform its energy network into a cleaner, more sustainable system over the next 25 years. The State’s commitment under the Climate Leadership and Community Protection Act (CLCPA) passed in 2019 seeks to mitigate climate change risks, create high-quality jobs and healthier communities. However, despite these bold intentions, our 2024 “Powering the Empire State” report found that New York faces significant challenges in achieving its clean energy targets.
Several critical barriers are impeding progress. Key among these are the hurdles in the permitting and siting processes, which often delay project initiation and completion. Another significant obstacle is the inadequacy of current transmission infrastructure, which is essential for the efficient distribution of renewable energy. As such, the state must:
- Establish a Direct Renewable Energy Fund: Shift funding from utility ratepayers to a state-financed renewable fund within the state budget.
- Accelerate Permitting and Grid Interconnection: Further streamline the NYISO and ORES processes by reducing permitting and interconnection times, including hiring additional dedicated staff.
- Upgrade Transmission Infrastructure: Prioritize grid upgrades to accommodate renewable energy sources. This includes directing the NY Power Authority to invest in transmission upgrades.
- Expand Battery Storage Incentives: Increase funding and incentives for battery storage facilities, to best manage renewable intermittency and ensure stable supply during peak demand.
- Increase Investments in Renewable Energy Projects: New York must dramatically increase funding to kickstart renewables. A detailed cost/benefit analysis of the CLCPA, as well as results from the study initiated by the Just Energy Transition Act (JETA) would give a better idea of exactly how much spending is needed, and where. This should also include a serious effort to turn Rikers Island into a renewable energy hub, following the closure of its jail facilities.
- Expand Use of Renewable Natural Gas: Encourage RNG use in sectors where electrification is challenging, bridging gaps in renewable energy use in the near term.
- Support Renewable Job Training: Further develop workforce training programs targeting skills for wind, solar, and grid modernization.
- Enhance Energy Resilience Plans: Establish comprehensive resilience plans to prepare for peak demand during extreme weather events.
- Integrated Grid Planning: Energy planning must include representatives from each sector of the industry to break down current silos and have a better understanding of the implications of policies across the energy sector, to avoid another Indian Point.
- Expedited Procurement Cycles: Implement streamlined NYSERDA procurements with quarterly solicitations for large scale renewables.
New York’s Cap and Invest proposal is a practical, market-based approach to reducing emissions. As the program’s overall intention is to spur innovation to create clean energy sources and lower emissions, we believe the plan should also include a clear recognition and broader allowances for adopting emerging clean fuels—like renewable natural gas, green hydrogen, and other emerging clean fuel options —to ensure a smooth and more reliable energy transition.
New Nuclear Energy Development
Nuclear energy is an established and proven solution to many of the challenges noted previously. Unlike wind and solar, nuclear power provides a steady, reliable output of carbon-free energy at high volumes, requiring less land — and it has lower transmission requirements than many other options. Simply put, nuclear energy is one of our best sources of clean energy, with the ability to produce energy at a scale appropriate to our needs. Elected officials at the state and federal levels must create a policy framework to rapidly build out and deploy new nuclear energy facilities, using advanced technologies such as Small Modular Reactors. We support Governor Hochul’s Master Plan for Responsible Advanced Nuclear Development.
Nuclear Energy Legislation on the Federal Level
- HR 6544, Atomic Energy Advancement Act
- This bill will streamline the deployment of nuclear energy technologies by improving the Nuclear Regulatory Commission’s licensing processes, reducing fees, and promoting more efficient environmental reviews. It also addresses workforce shortages and fosters international cooperation in nuclear safety.
- S 1111, ADVANCE Act
- This bill promotes the development of advanced nuclear energy nationwide and aims to facilitate timely licensing of nuclear facilities.
Building Resilience and Combating Climate Change
The devastating effects of climate change threaten the lives of New Yorkers and our offices, businesses, infrastructure networks, and housing alike. Efforts to reduce carbon emissions in the long term are essential and must be combined with resiliency measures to meet immediate threats to our city from sea level rise and the devastation caused by storm surges.
The Building Congress will lead efforts to incentivize energy efficient construction and building retrofits, electrify our energy grid with renewables, clean up toxic sites, promote clean water infrastructure, and support resiliency efforts that bolster our shorelines and keep our city safe. Specifically, we will advocate to:
- Fortify our sewage and drainage infrastructure systems to mitigate flooding effects from storms.
- Begin planning and design work on the Army Corps of Engineers’ proposed system of storm surge gates along coastal areas from Upper Manhattan to Jamaica Bay.
- Bolster the Clean Water State Revolving Fund to upgrade our water infrastructure.
- Increase Safeguard Tomorrow through Ongoing Risk Mitigation (STORM Act) funding.
- Advance and Progress the East Side Coastal Resiliency project
Key NYS Legislation
- S8535 / A9170 Green Affordable Pre-Electrification (GAP) Program: Designed to support owners and tenants in residential properties by addressing structural and building code issues that prevent these (often historical) properties from qualifying for energy efficiency and resiliency-related grants.
Local Law 97 Compliance
- Ensure that LL97 implementation includes practical exemptions, flexibility, and clearer guidelines regarding good faith efforts, especially for critical public health and safety facilities.
- Funds earned from penalties for noncompliance with LL97 should be earmarked for grid improvements or redirected to finance energy-efficiency retrofits.
- Invest heavily in grid upgrades to support electrification efforts by building owners.
- Adjust emission calculations or compliance requirements to account for the high energy use of specialized medical equipment.
Healthcare and Life Sciences
New York’s healthcare sector is of utmost importance to the wellbeing of New Yorkers. It is critical that our facilities continue to be modern and innovative, capable of handling both daily health needs as well as emergencies. It is impossible to overstate the importance of continuing investments in this sector, which includes hospitals, ambulatory centers, residential care, and the expanding fields of life sciences and medical research. These areas are essential for meeting current healthcare demands and for preparing for future health crises. As one of the largest employment sectors, healthcare significantly contributes to New York’s economic vitality, necessitating ongoing investment to address both workforce shortages and the need for upgraded facilities.
Given the specialized nature of healthcare facility development, influenced directly by factors like public health, safety, and patient privacy, there is a clear need to streamline land use approvals accordingly. The City of Yes initiative, which has reformed housing and economic development policies, can also be used as a model for healthcare-related zoning to be viewed differently from other commercial developments.
Healthcare systems are built as a direct response to demand for essential services, and zoning policies should be flexible enough to accommodate this need.
Earlier in the year the Building Congress, working with our Healthcare & Lifesciences Committee members, put out a whitepaper on Healthcare Facilities and Local Law 97.
Key Recommendations
- Flexible Compliance Schedules for Healthcare Facilities:
Increased leniency and compliance timelines for healthcare facilities, recognizing their unique situation providing essential services. - Utility-Coordinated Emissions Adjustment Protocol:
Develop a protocol that allows for automatic adjustments in emissions calculations for healthcare facilities when utility companies mandate or recommend reduced energy usage during grid instability periods. This would ensure that facilities are not penalized under LL97 for compliance with critical energy-saving directives. - Emissions Cap Adjustments for Specialized Medical Equipment:
Adjust emission calculations or compliance requirements to account for the high energy use of specialized medical equipment. - Enhanced Financial Incentives and Training:
Increase access to grants, low-interest loans, and tax credits and tax-exempt bonds specifically designed/tailored for energy retrofits and renewable installations in healthcare settings. Establish programs providing expert regulatory guidance to healthcare facilities. - Emissions Data Improvements:
The underlying data used as a benchmark for determining emissions caps needs a thorough reevaluation. A cleaner, more complete dataset is essential for proper decision-making regarding fines and penalties placed on healthcare institutions.
Modernizing Procurement Tools
Efficiency in project delivery methods is the lifeblood of cost-effective and timely infrastructure development. We would like to underscore the importance of adopting a range of alternative project delivery methods that stress increased flexibility and diversification of project delivery approaches within public procurements. The Building Congress will continue to advocate for the proliferation of government tools for alternative delivery, many have been common within the private sector for years and are known for reducing costs while ensuring a high level of project quality and transparency in the procurement process.
We urge the state legislature to provide authorization for:
- Full, One-Step Progressive Design-Build Adoption Across All City Agencies: This procurement method is used by several states including California, Texas, and Virginia, NYS authorities, and the private sector regularly, and NYCHA will begin to do so under State legislation enacted in 2022 to establish a NYCHA Trust. This method must be allowed for New York City as well. Authorization of progressive design-build, a one-step procurement process that will allow agencies to quickly select a team based on qualifications and who can collaborate throughout the essential early phases of design, expands upon the range of projects that can be delivered using design-build or design-bid-build.
- Emergency Completion Contracts: For critical projects, this method allows DDC to use an on-call CM to replace a contractor under circumstances where the contractor is unable to complete the project without the need to go back through a lengthy procurement process a second time.
- Prioritize the recommendations and initiatives outlined by the New York City Capital Process Reform Task Force:
Focus on reducing redundancies and pushing for standardization across government agencies. Launched in 2022 with a set of 39 reforms, this task force has made significant progress, successfully implementing/advocating for 24 of the outlined reforms, including key items like : electronic bidding, standardization of the Certificate to Proceed process, expanded Alternative Project Delivery methods (outlined in more detail below), and an increased discretionary spending threshold for M/WBE contracts to improve and enhance M/WBE utilization. The remaining 15 reforms must be given critical consideration by state and local elected officials. - Joint Bidding Extension: The state legislature must extend the authorization for joint bidding in city procurements for 10 years. This approach, first authorized in 2004, has proven effective in streamlining the development of underground infrastructure by allowing coordinated work between the city and utility companies under a single contract. Having to reauthorize this constantly, on a short-term basis is inefficient and opens the door for the program to expire because of legislative timing and priorities, rather than its policy merits.
- Expand CM-Build: This method allows agencies to engage a construction manager early in the process, using quality-based selection, to collaborate with the designer as part of an integrated project delivery team — much sooner than typically done using design-bid-build. This procurement method is already used by the federal government, and the private and non-profit sector regularly, and is now allowed by the NYC DDC in certain circumstances, per the recent update outlined in the following section. It must also be made available to all NYC agencies.
- Advance capital planning: Target comprehensive, holistic project prioritization and interagency coordination among city agencies.
New York City Department of Design and Construction as an Authority
Using the NYC School Construction Authority (SCA) as an example, we call for transforming the NYC DDC into a public authority. This will help fast-track capital projects by eliminating red tape, providing flexibility in project delivery methods, and ensuring continuous funding streams for capital projects.
Making Progress on Alternative Project Delivery
Previously, Design-Build procurements were allowed in very limited circumstances for use by the DDC. Despite these limitations, New York City has been able to pilot highly successful design build projects, including the Shirley Chisholm Recreation Center in Flatbush.
Building off this success, A10543 was signed into law at the end of 2024, expanding the allowable usage of Design-Build, as well as allowing for Construction Manager Build (CM-Build) projects to be incorporated into the broader categorization of Alternative Project Delivery.
While this change is an incredible first step, it still limits the use of alternative delivery methods to certain project types, as well as falling short of allowing a true one-step Progressive Design Build procurement method.
Currently DDC is allowed to use the following Alternative Delivery Methods:
- Design-Build Contracts
Eligible Project Types:- Water or sewer infrastructure projects
- Coastal resiliency projects
Two-Step Procurement Method
- Construction Manager Build Contracts
Eligible Project Types:- Construction or renovation of cultural institutions and libraries
Both the above procurement methods must be allowed for all project types under DDC’s purview as well as for all other city agencies. We also call for explicit clarification that a one-step Progressive Design Build procurement method be allowed. Further, we suggest that cost be removed from the evaluation criteria of these projects so that procurement methods are flexible enough to best fit complex infrastructure improvements.
Workforce Training, Safety, and Development
A highly skilled and safe workforce is the bedrock of the construction industry. Technical excellence is the cornerstone of our workforce development, safety, and training initiatives. We must continue to grow our commitment to expanding our construction workforce development and providing more accessible pathways to the middle class for workers of all backgrounds.
Specifically, we support:
- Childcare Support for the Workforce:
- Early, Affordable Childcare Access: Allocate funds to childcare centers that open at 6 a.m., ensuring that early work hours don’t limit workforce participation.
- Advanced Training Programs:
- OSHA Training Expansion: Further subsidize and expand availability of free OSHA training courses, opening the industry’s doors to more workers.
- Green Technologies Adoption: Promote specialized training for the adoption of green technologies and sustainable construction practices to reduce carbon emissions.
- Increase Workforce Innovation and Opportunity funding for programs that effect the Construction and Building trades such as the funding the Youth Activities program, the Adult Employment and Training Activities program, and the Dislocated Worker Employment and Training Activities program.
- Increase support for workforce training programs statewide. Building Congress members award scholarships and provide workforce training programs to enhance our industry. One great example is the Building and Construction Trades Council’s Apprenticeship/Pre-Apprenticeship Programs which, together through outreach and recruitment efforts interact with approximately 5,000 New Yorkers annually, with an 84% retention rate after apprentice placements are made. These programs can continue to grow with adequate public support for labor.
Those programs include:
- The Edward J. Malloy Initiative for Construction Skills, Inc.
- Nontraditional Employment for Women
- New York Helmets to Hardhats
- Pathways to Apprenticeship
- Public STEAM Education Expansion: Increase funding for public programs that facilitate apprenticeships, STEAM education, and job training across all boroughs, driving the technical workforce of the future.
- Prioritize Mental Health Awareness in the construction industry and actively promote initiatives to ensure that our industry workforce has a high quality of life, a safe work environment, and improved job satisfaction.
- Improved SALT Deduction Benefits: Eliminate the state and local tax (SALT) deduction cap, to directly benefit the middle-class workforce in construction across New York State.
Minority and Women-Owned Business Enterprises (M/WBEs)
It is essential that we advance and broaden M/WBE opportunities and develop policies to ensure meaningful economic prospects for M/WBE firms throughout the building industry, such as expedited payment processing to MWBE firms, expanding the city’s mentorship program, and standardizing the registration process across city and state agencies to make it easier for M/WBEs to do business in New York. Specifically, we look to prioritize the following:
- Timely Contract Payments: Revamp contract payment processes to guarantee that contracted partners, especially MWBE firms, receive timely payments.
- One-Stop-Shop for M/WBE Procurements: Create a streamlined one-stop-shop for all M/WBE procurements to save valuable time and resources for firms looking to do business with government entities, having one centralized procurement portal for all M/WBE firms is a great first step in advancing M/WBE utilization statewide.
- Reciprocity for M/WBE Certification between the state and New York City.
Government Agencies for Effective Infrastructure
Government agencies play a pivotal role in project success. A technically sound approach underscores policies aimed at enhancing the efficiency, transparency, collaboration, and impact of government agencies:
- Update hiring and promotion processes within New York City agencies, including accelerating NYC Office of Management and Budget’s approval process.
- Streamline permit approval and change order processes to encourage efficiencies across all procurement agencies.
- Combatting Inflation: To avoid lengthy change order processes and/or contract renegotiations, due to rapidly fluctuating material prices, we encourage government partners to buy and store critical materials up front for large scale projects.
- Government contracting agencies should also incorporate larger contingency line items to account for material price escalation.
- Tax credits for construction materials where prices have escalated to the point where a project can no longer proceed according to the original budget. This will allow government procured projects to continue without increasing capital budgets with change orders that can sometimes be difficult to get approved.
- NYS Insurance Care: S 7975/A 7317– “New York Small Contractor Relief Act,” introduced in the 2023-2024 legislative session to establish a captive insurance company to help small construction contractors and certified M/WBE firms.
- Progress the Borough Based Jails program.
Technology for the Future
Innovation is the crucible in which the future of construction and infrastructure development is forged. To best build New York’s future, our policies must be adaptable. The capability to leverage advancements in construction technologies, such as Artificial Intelligence (AI), robotics, modular construction, building sensors, and 3D printing, will increase overall productivity, safety, and efficiency. We fervently advocate for the integration of groundbreaking technologies to enhance construction processes:
- Support digital transformation in public agencies to better streamline project development and completion across all stages.
- Artificial Intelligence (AI) use for Safety and Inspection: Responsibly leverage AI for reducing human error in inspections and for enhancing project safety — while also ensuring safeguards to protect jobs.
- Explore Waste to Clean Energy Technologies: Encourage the use of proven waste-to-energy technologies that can generate clean-burning regenerative fuels from all types of carbon-based waste, including municipal waste (solid and sludge), food and animal waste, all plastics, medical & infectious waste, and everything in between. These clean technologies can help eliminate the need for landfills and incineration.
Conclusion
The New York Building Congress is committed to advancing these technical, innovative, and development-focused policies in 2025. We invite all stakeholders, from government officials to industry leaders, to join us in our mission. Together, we can shape a vibrant, sustainable, and thriving New York for generations to come.