Prohibits the retention of any amount of payment due and owing for materials delivered and accepted for a public or private construction project

Latest action May 5, 2026

Prohibits the retention of any amount of payment due and owing for materials delivered and accepted for a public or private construction project.

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Where it stands

Passed one of the two chambers; it still needs the other.

Introduced
In committee
Up for a vote
Passed one chamber
Passed
Enacted

New York State Senate

Same as A2212, the matching bill in the Assembly.

Amends the State Finance Law.

Committee

Governmental Operations · New York State Assembly

Also referred to Procurement And Contracts · New York State Senate, Rules · New York State Assembly, Rules · New York State Senate.

Purpose, from the sponsor's memo

This bill amends the state finance and general municipal laws, in relation to requiring full payment for delivered materials pertaining to public works projects; and to amend the general business law, in relation to prohibiting the retention of any payment due and owing a material supplier for a construction project.

Filed with the bill. Read it on nysenate.gov (opens in a new tab)

Recorded votes

Vote: Committee vote · Procurement And Contracts
Senate Procurement And ContractsMay 5, 2026Result: passed
(7) (0) (0) (0)
Vote: Committee vote · Procurement And Contracts
Senate Procurement And ContractsMay 28, 2025Result: passed
(6) (0) (0) (1)

Cosponsors

Albert A. Stirpe, Amy Paulin and 5 more on Agora

Democratic5
Republican2

See the full list on nysenate.gov

The sponsor's argument

Why Monica Martinez says this is needed

Currently, retainage is withheld on construction jobs to ensure that the owner is happy with the finished product. Retainage is withheld by the owner from the contractor, who, as a result of not receiving funds from the owner, withholds payment from the subcontractors and materialmen. Once a material supplier has delivered its goods and has been accepted by the contractor or subcontractor, the supplier has completed its job and should not be held liable for subsequent work performance. This legislation would remove materialmen from inclusion under current retainage laws.

This is the sponsor's own case for the bill, quoted from their memorandum. It is not Agora's description of what the bill does.

Full history

May 5, 2026
Reported out of committee
REPORTED AND COMMITTED TO FINANCE
NY Senate
Mar 11, 2026
Sent to the executive
DELIVERED TO SENATE
NY Assembly
Mar 11, 2026
Passed a chamber
PASSED ASSEMBLY
NY Assembly
Mar 11, 2026
Referred to committee
REFERRED TO PROCUREMENT AND CONTRACTS
NY Senate
Jan 7, 2026
Died in Senate
DIED IN SENATE
NY Senate

Show full history (12 earlier events)

Jan 7, 2026
Ordered to Third Reading CAL.82
ORDERED TO THIRD READING CAL.82
NY Assembly
Jan 7, 2026
Referred to committee
REFERRED TO PROCUREMENT AND CONTRACTS
NY Senate
Jun 5, 2025
Sent to the executive
DELIVERED TO SENATE
NY Assembly
Jun 5, 2025
Passed a chamber
PASSED ASSEMBLY
NY Assembly
Jun 5, 2025
Referred to committee
REFERRED TO RULES
NY Senate
May 29, 2025
Reported out of committee
REPORTED
NY Assembly
May 29, 2025
Rules Report CAL.297
RULES REPORT CAL.297
NY Assembly
May 28, 2025
Reported out of committee
REPORTED AND COMMITTED TO FINANCE
NY Senate
May 27, 2025
Reported out of committee
REPORTED REFERRED TO RULES
NY Assembly
Mar 11, 2025
Reported out of committee
REPORTED REFERRED TO WAYS AND MEANS
NY Assembly
Feb 12, 2025
Referred to committee
REFERRED TO PROCUREMENT AND CONTRACTS
NY Senate
Jan 15, 2025
Referred to committee
REFERRED TO GOVERNMENTAL OPERATIONS
NY Assembly

About this record

Summary: The summary comes from NY Open Legislation, the New York State Senate's public record. For more, see How we handle summaries.
Cosponsors: The list shows the cosponsors who are on Agora, A to Z. The official record may list more.
Party colors: Parties are shown in the same neutral colors.
Source: From NY Open Legislation, the NY Senate and Assembly, and official rosters. This record was last updated Nov 1, 2026. About our data

Read the record

Read on NY Senate (opens in a new tab) The official record on nysenate.gov.

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