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Press Releases

NECA Endorses Congressional Action to Eliminate Barriers for New York’s Electrical Contractors

May 22, 2025

WASHINGTON, D.C. – The National Electrical Contractors Association (NECA) strongly supports the introduction of the Infrastructure Expansion Act by Congressman Nick Langworthy (NY-23), a crucial piece of legislation that would modernize liability laws on federally funded construction projects in New York. The bill represents a long-overdue solution to the state's unique and outdated Scaffold Law, which unfairly imposes absolute liability on contractors and property owners for elevation-related injuries, regardless of a worker’s own negligence.

For decades, New York has been the only state to maintain this 19th-century statute, driving up insurance costs and making it significantly more expensive to build vital infrastructure—from schools and hospitals to bridges, highways, and energy networks. Under the Infrastructure Expansion Act, federally funded construction projects in New York would instead be governed by a comparative negligence standard, aligning the state with the rest of the nation and offering a more balanced and fair legal framework.

“The National Electrical Contractors Association (NECA) strongly supports the Infrastructure Expansion Act of 2025 and applauds Congressman Nick Langworthy for his leadership in advancing this vital legislation,” said Marco Giamberardino, NECA’s Senior Vice President of Government and Public Affairs. “By ensuring that federal infrastructure projects are governed by a fair, comparative negligence standard rather than outdated absolute liability rules, this bill protects both contractors and property owners while preserving access to critical federal funding.”

Giamberardino continued, “On behalf of our several hundred electrical contractors across New York State, we thank Rep. Langworthy for standing up for the skilled professionals who power and build America’s infrastructure. This commonsense reform promotes safety, accountability, and much-needed investment in our nation’s roads, bridges, transit systems, and energy networks.”

Electrical contractors are especially impacted by the current liability standard, as they regularly perform work at elevation and in high-risk environments. The Scaffold Law not only inflates general liability insurance premiums, often by double digits compared to neighboring states, but also creates uncertainty in project planning, hiring, and investment in workforce development.

With electrical infrastructure at the center of today’s most ambitious federal initiatives, such as grid modernization, broadband expansion and more, the ability of contractors to deliver these projects affordably and on time is more essential than ever.

“This bill is urgently needed to preempt this broken liability standard on federally funded projects and get New York building again,” said Congressman Langworthy. “New York’s Scaffold Law is a gift to trial lawyers and a burden on our construction workers and taxpayers, and it must change. It is estimated that the scaffold law increases total construction costs between 5 and 10%. This only in New York law, dating from 1885, doesn’t protect workers and unnecessarily increases the cost for building roads and bridges, hospitals, schools, affordable housing, industrial facilities, and office buildings.”

The Infrastructure Expansion Act is expected to save taxpayers over $2 billion in federal construction costs over the next decade, while also encouraging long-overdue reform at the state level. “The last state to have such a law was Illinois which repealed its statute in 1995.  Since Albany refuses to act, federal preemption is the only path to proceed.  Enactment of this law will save at least $2 billion in federal tax dollars over the next 10 years and significant savings to state taxpayers,” continued Langworthy.

For NECA contractors operating in New York, this bill offers immediate and long-term relief, removing unnecessary barriers to growth, improving safety and accountability, and ensuring that electrical contractors can compete on a level playing field in the state’s robust construction market. “My hope is that this law if enacted will finally force Albany to reform this law, saving millions each year in construction costs to build schools, residential housing, and other projects which are not typically funded by Washington,” expressed Langworthy. “Significant technology projects, such as Micron outside Syracuse and other projects all throughout New York State would see a reduced cost of construction.”

Original co-sponsors of this legislation include Rep. Claudia Tenney (R-NY) and Rep. Elise Stefanik (R-NY).

“New York’s burdensome and misguided Scaffold Law has caused construction costs to skyrocket, making it one of most expensive states to build in the country,” said Congresswoman Tenney. “The Infrastructure Expansion Act will lower costs on federally funded projects by finally bringing fairness and balance to liability rules. This is a critical step toward bringing investments to our state and making New York more affordable and competitive.”

In addition to NECA, the bill has received broad support from a coalition of leading construction, engineering, housing, and business groups across New York State. These groups include the American Council of Engineering Companies of New York, Associated Builders and Contractors of New York State, Associated General Contractors of New York, Associated General Contractors of New York State, Building Trades Employer Association, Business Council of New York State, Inc., Big “I” New York, General Contractors Association, General Contractors Association of New York, Lawsuit Reform Alliance of New York, Long Island Builders Institute, National Association of Home Builders, National Electrical Contractors Association, New York Association of Homebuilders, New York Association of Towns, New York State Association for Affordable Housing, New York State Builders Association, New York State Business Council, Partnership for New York City, Real Estate Board of New York, Upstate United, Habitat for Humanity.

NECA urges Congress to swiftly pass the Infrastructure Expansion Act and help ensure a fairer, safer, and more efficient future for New York’s construction industry.