Bill Text: NY A01385 | 2023-2024 | General Assembly | Introduced
Bill Title: Relates to community hiring and workforce development; provides employment opportunities for economically disadvantaged candidates and economically disadvantaged region candidates and apprenticeship utilization on public transactions; provides for the repeal of such provisions upon the expiration thereof.
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Introduced - Dead) 2024-01-03 - referred to cities [A01385 Detail]
Download: New_York-2023-A01385-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 1385 2023-2024 Regular Sessions IN ASSEMBLY January 17, 2023 ___________ Introduced by M. of A. BICHOTTE HERMELYN, ANDERSON -- read once and referred to the Committee on Cities AN ACT to amend the New York city charter, the education law, the gener- al municipal law, the labor law, the public authorities law, the New York city health and hospitals corporation act, and the New York city public works investment act, in relation to employment opportunities for economically disadvantaged candidates and economically disadvan- taged region candidates and apprenticeship utilization on public tran- sactions; and providing for the repeal of such provisions upon the expiration thereof The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Legislative findings. The legislature finds that both with- 2 in the city of New York and across the United States, over the past 3 several decades, income inequality has expanded and that poverty is 4 frequently concentrated in economically disadvantaged regions. The 5 legislature also finds that economic disparities across individuals and 6 across communities have further expanded due to the economic and health 7 effects of the virus known as COVID-19. The purpose of this legislation 8 is to remediate these economic disparities by authorizing the city of 9 New York, the city school district of the city of New York, the New York 10 city school construction authority, the New York city health and hospi- 11 tals corporation, the New York city industrial development agency, and 12 other city-affiliated not-for-profit corporations to use the economic 13 power of their transactions to implement programs by administrative rule 14 requiring contractors and subcontractors benefitting from such trans- 15 actions to make best efforts to employ qualified economically disadvan- 16 taged candidates and qualified candidates in such economically disadvan- 17 taged regions. 18 § 2. The New York city charter is amended by adding a new chapter 79 19 to read as follows: EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD01185-02-3A. 1385 2 1 Chapter 79 2 COMMUNITY HIRING AND WORKFORCE DEVELOPMENT 3 § 3500. Definitions. As used in this chapter, the following terms 4 shall have the following meanings: 5 Absorption hire. The term "absorption hire" means an individual who 6 fills a building service opportunity and who: 7 (1) was employed to perform building service work within the preceding 8 six months at the same facility to which such individual is assigned; or 9 (2) fills such building service opportunity as a result of a reassign- 10 ment by a contractor or subcontractor, as applicable, due to a displace- 11 ment caused by the closure of another facility, a staffing reduction at 12 another facility, or any other similar event. 13 Apprentice. The term "apprentice" means an individual who is receiving 14 training and performing labor pursuant to an apprenticeship agreement. 15 Apprenticeship agreement. The term "apprenticeship agreement" means an 16 agreement, as such term is defined by section eight hundred sixteen of 17 the labor law, that has been registered with, and approved by, the 18 commissioner of labor of the state of New York pursuant to article twen- 19 ty-three of the labor law. 20 Building service opportunity. The term "building service opportunity" 21 means an employment opportunity to perform building service work. 22 Building service opportunity labor hour. The term "building service 23 opportunity labor hour" means a labor hour performed by an individual 24 employed to fill a building service opportunity. 25 Building service work. The term "building service work" means the 26 classifications of labor that the applicable fiscal officer has identi- 27 fied as consistent with section two hundred thirty of the labor law, 28 regardless of whether such labor constitutes building service work for 29 which workers are entitled to prevailing wage pursuant to article nine 30 of the labor law. 31 City-affiliated not-for-profit corporation. The term "city-affiliated 32 not-for-profit corporation" means a local development corporation or 33 other not-for-profit corporation, a majority of whose members are 34 appointed by the mayor. 35 Construction. The term "construction" means: 36 (1) any labor of a type that the applicable fiscal officer, as defined 37 in paragraph e of subdivision five of section two hundred twenty of the 38 labor law, has identified in a published schedule as a classification of 39 work performed by laborers, workmen or mechanics, regardless of whether 40 such labor constitutes public work pursuant to such section; and 41 (2) any additional types of labor identified by the director by rule, 42 provided that such labor shall not include building service work. 43 Contractor. The term "contractor" means an individual, company, corpo- 44 ration, partnership, or other entity that has entered into a transaction 45 with the city, except that the term "contractor" does not include: 46 (1) any governmental entity; 47 (2) any microbusiness, other than a microbusiness performing 48 construction work under a transaction; or 49 (3) any labor organization. 50 Director. The term "director" means the director of the office of 51 community hiring and workforce development or his or her designee. 52 Economically disadvantaged candidate. The term "economically disadvan- 53 taged candidate" means an individual: 54 (1) whose income or household income falls below an applicable quanti- 55 tative threshold determined by the director, provided that such income 56 shall not include any types of public benefits provided by the federalA. 1385 3 1 government or a state or local government and identified by the direc- 2 tor; and 3 (2) who is certified as meeting all applicable requirements. 4 Economically disadvantaged region. The term "economically disadvan- 5 taged region" means an area, represented by its ZIP code, in which at 6 least fifteen percent of residents have household incomes below the 7 federal poverty threshold. 8 Economically disadvantaged region candidate. The term "economically 9 disadvantaged region candidate" means an individual who is certified as 10 meeting all applicable requirements and who is a: 11 (1) resident of an address within an economically disadvantaged 12 region; 13 (2) resident of a building that is: 14 (i) owned or operated by the New York city housing authority; and 15 (ii) subject to section nine of the United States Housing Act of nine- 16 teen hundred thirty-seven, as amended; or 17 (3) resident of a dwelling unit that is: 18 (i) subject to a regulatory agreement with a federal, state or local 19 government agency requiring that occupancy of such unit be restricted 20 based on the income of the occupants; and 21 (ii) located in a building that was previously operated by the New 22 York city housing authority, was previously subject to section nine of 23 the United States Housing Act of nineteen thirty-seven, as amended, and 24 is subject to section eight of such act. 25 Employment opportunity. The term "employment opportunity" means a 26 vacancy in a position to perform services under a transaction. 27 Exempt transaction. The term "exempt transaction" includes any: 28 (1) contract procured pursuant to section one hundred sixty-two of the 29 state finance law; 30 (2) contract for the performance of services by a city-affiliated 31 not-for-profit corporation; 32 (3) contract the principal purpose of which is the supply of goods; 33 (4) contract in an amount below the small purchase threshold set 34 pursuant to the authority and procedure set forth in subdivision a of 35 section three hundred fourteen of the charter; 36 (5) contract for confidential or investigative services or any other 37 type of contract excluded by a rule adopted by the director based on a 38 determination that the application of goals under this program would 39 substantially undermine the primary objective of that type of contract; 40 (6) contract subject to federal or state funding requirements that 41 preclude or substantially conflict with the application of goals under 42 this program; 43 (7) contract for emergency demolition services procured by the depart- 44 ment of housing preservation and development pursuant to the procedure 45 set forth in section three hundred fifteen of the charter; or 46 (8) line item appropriations or discretionary funds allocated to a 47 community-based not-for-profit organization or other public service 48 organization and identified in the budget adopted pursuant to section 49 two hundred fifty-four of the charter or any related council resol- 50 utions, except as otherwise provided by rule by the director. 51 Labor organization. The term "labor organization" has the meaning 52 provided in section one hundred fifty-two of title twenty-nine of the 53 United States code, or any successor provision. 54 Microbusiness. The term "microbusiness" means an individual, company, 55 corporation, partnership or other entity that employs no less than one 56 employee and no more than nine employees.A. 1385 4 1 MWBE. The term "MWBE" means a business certified as a minority or 2 women-owned business enterprise pursuant to article fifteen-A of the 3 executive law or section thirteen hundred four of the charter. 4 Project labor agreement. The term "project labor agreement" means a 5 pre-hire collective bargaining agreement entered into between the city 6 and a bona fide building and construction trade labor organization 7 establishing the labor organization or its affiliates as the collective 8 bargaining representative for all persons who will perform construction 9 work on a transaction, provided such agreement: 10 (1) provides that only contractors and subcontractors who sign a pre- 11 negotiated agreement with the labor organization can perform such work 12 on such transaction; and 13 (2) includes goals for the employment of qualified economically disad- 14 vantaged region candidates to perform such work. 15 Referral source. The term "referral source" means an individual, 16 company, corporation, partnership, agency, union referral system, or 17 other entity selected pursuant to paragraph three of subdivision a of 18 section thirty-five hundred one of this chapter to make referrals of 19 candidates to contractors, prospective contractors, subcontractors, and 20 prospective subcontractors for the purposes of meeting the applicable 21 employment goals set forth in such section; provided that union referral 22 systems that have affiliated registered apprentice programs with direct 23 entry access from pre-apprentice programs that are compliant with United 24 States department of labor or New York state department of labor regu- 25 lations, as well as union referral systems with community recruitment 26 programs, shall be deemed an approved referral source for the purposes 27 of paragraph three of subdivision a of section three thousand four 28 hundred two of this chapter. 29 Small business. The term "small business" means an entity that: 30 (1) is independently owned and operated; and 31 (2) has annual gross revenues not exceeding five million dollars or a 32 lesser amount established by the director by rule. 33 Subcontractor. The term "subcontractor" means an individual, company, 34 corporation, partnership or other entity that has entered into an agree- 35 ment with a contractor or another subcontractor in order to perform 36 services or any other obligation under a transaction, provided that such 37 agreement involves the performance of construction work of any value, or 38 the total dollar value of such agreement exceeds twenty thousand 39 dollars, and further provided that the term "subcontractor" does not 40 include: 41 (1) employees; 42 (2) governmental entities; 43 (3) microbusinesses, other than microbusinesses performing 44 construction work under a transaction; or 45 (4) labor organizations. 46 Transaction. The term "transaction" means, a procurement contract 47 except that the term "transaction" shall not include any exempt trans- 48 action. 49 § 3501. Office of community hiring and workforce development. a. 50 Office established. The mayor shall establish an office of community 51 hiring and workforce development. Such office may be established as a 52 separate office or within any department the head of which is appointed 53 by the mayor. The office of community hiring and workforce development 54 shall be headed by a director who shall be appointed by the mayor or 55 head of such department. The director shall, as the director deemsA. 1385 5 1 appropriate, adopt rules consistent with the purpose of this chapter 2 relating to employment goals on transactions, including rules: 3 (1) requiring contractors and subcontractors to agree to publicly 4 disclose employment opportunities; 5 (2) establishing a procedure for the certification of individuals as 6 economically disadvantaged candidates, economically disadvantaged region 7 candidates, or both, provided that such certification procedure shall, 8 to the extent the director deems feasible, use data sources and adminis- 9 trative processes established or maintained by the city for other 10 programs or operations in order to minimize administrative burdens on 11 contractors, subcontractors, and individuals; 12 (3) establishing a procedure by which the director may approve refer- 13 ral sources for the purposes of this section, whereby the director 14 shall: 15 (i) publicly release a referral source solicitation that includes a 16 description of functions of a referral source, the manner in which 17 responses must be submitted, and the criteria by which responding enti- 18 ties will be approved, and authorize one or more entities, as appropri- 19 ate, to function as referral sources, based on the criteria included in 20 the solicitation; 21 (ii) authorize an agency in writing to function as a referral source; 22 (iii) authorize, in writing, an entity engaged pursuant to an agree- 23 ment with an agency for employment recruitment services or other work- 24 force development services to function as a referral source; or 25 (iv) identify and deem union referral systems that have affiliated 26 registered apprentice programs with direct entry access from pre-appren- 27 tice programs and that are compliant with United States department of 28 labor or New York state department of labor regulations, as well as 29 union referral systems with community recruitment programs, as approved 30 referral systems; 31 (4) establishing a procedure through which the director may provide 32 information regarding referral sources to contractors, subcontractors, 33 prospective contractors, and prospective subcontractors; 34 (5) establishing a procedure by which the director shall monitor and 35 criteria by which the director shall evaluate the performance of each 36 referral source on an annual basis, and where the director determines 37 that a referral source has performed inadequately, terminate or suspend 38 the referral source; 39 (6) requiring contractors to agree to make best efforts to interview, 40 as appropriate, and to employ qualified economically disadvantaged 41 region candidates in order to meet employment goals relating to building 42 service work based on: 43 (i) the percentage of building service opportunities filled by econom- 44 ically disadvantaged region candidates, provided that in calculating 45 such goals, absorption hires shall not be considered; or 46 (ii) the percentage of building service opportunity labor hours 47 performed by economically disadvantaged region candidates, provided that 48 in calculating such goals, building service opportunity labor hours 49 performed by absorption hires shall not be considered; 50 (7) requiring contractors and subcontractors to agree to make best 51 efforts to employ qualified economically disadvantaged region candidates 52 to perform no less than thirty percent of the cumulative hours of 53 construction labor on transactions involving construction work, and 54 additionally requiring, to the extent feasible consistent with the maxi- 55 mum ratios of apprentices to journey-level workers established by the 56 New York state department of labor, that such contractors and subcon-A. 1385 6 1 tractors agree to make best efforts to employ apprentices who are quali- 2 fied economically disadvantaged region candidates to perform no less 3 than nine percent of such cumulative hours of construction labor, 4 provided that labor performed by apprentices who are qualified econom- 5 ically disadvantaged region candidates shall be credited towards the 6 achievement of both employment goals set forth in this paragraph, and 7 further provided that prior to releasing a solicitation for a trans- 8 action or otherwise initiating a process for entering into a trans- 9 action, as applicable, the director may waive such requirements where 10 the director determines in writing that such waiver is in the best 11 interest of the city; 12 (8) requiring contractors to agree to make best efforts to interview 13 and to employ qualified economically disadvantaged candidates in order 14 to meet employment goals relating to work that neither involves 15 construction work nor building service work, and establishing such goals 16 based on: 17 (i) the percentage of the cumulative hours of labor performed by such 18 candidates; 19 (ii) the percentage of employment opportunities filled by such candi- 20 dates; or 21 (iii) the total value of the transaction; 22 (9) requiring subcontractors to agree to make best efforts to inter- 23 view, as appropriate, and to extend offers of employment to qualified 24 candidates in order to meet any employment goals described in paragraph 25 six or eight of this subdivision and established pursuant to rules 26 adopted by the director; 27 (10) establishing a schedule of civil penalties, based on factors 28 including but not limited to a contractor's industry or any relevant 29 occupations employed by a contractor or subcontractor, that the director 30 or an applicable agency may impose on a contractor due to the contrac- 31 tor's or subcontractor's non-compliance with an obligation created 32 pursuant to this section and a procedure for the imposition of such 33 penalties, which will not exclude other remedies established in this 34 charter or any other law, provided that any civil penalties imposed 35 pursuant to this paragraph shall not exceed two thousand five hundred 36 dollars for each non-compliance with such an obligation or each failure 37 to correct such non-compliance, and further provided that when promul- 38 gating rules establishing or amending such a schedule of civil penal- 39 ties, the director shall consider the potential impact of such penalties 40 on contractors and subcontractors that are MWBEs, not-for-profit corpo- 41 rations, or small businesses; 42 (11) designate paper or electronic formats for the submission of docu- 43 ments related to the selection and operation of referral sources and 44 contractors and subcontractors subject to goals pursuant to paragraphs 45 six through nine of this subdivision, as applicable, including but not 46 limited to, documents containing information required pursuant to para- 47 graphs one and three of this subdivision and subdivision c and subpara- 48 graphs (E) and (F) of paragraph one of subdivision d of this section; 49 solicitation documents and responses, including bids and proposals; and 50 data related to labor performed pursuant to transactions, including 51 payroll reports, as applicable; and 52 (12) (A) authorizing the director to establish factors by which goals 53 described in paragraphs six, eight, and nine of this subdivision will be 54 established for individual transaction, including: 55 (i) the scope of the transaction;A. 1385 7 1 (ii) the availability of qualified economically disadvantaged candi- 2 dates and economically disadvantaged region candidates; 3 (iii) the nature of any employment opportunities that the director 4 expects will result from the transaction; 5 (iv) the potential impact of such goal on contractors and subcontrac- 6 tors, as applicable, that are MWBEs, not-for-profit corporations, or 7 small businesses; and 8 (v) any other similar factors. 9 (B) Prior to setting a goal pursuant to this subdivision for an indi- 10 vidual transaction, the agency entering into the transaction shall 11 consider the goals set for previous, similar transactions and whether 12 such goals were appropriate for such transactions. 13 b. Lists of economically disadvantaged regions. No later than ninety 14 days after the effective date of this section, and at least once during 15 each twelve-month period thereafter, the director shall publish a report 16 including an updated list of all economically disadvantaged regions 17 within a radius of one hundred miles of the city or all such econom- 18 ically disadvantaged regions within the metropolitan area. Nothing shall 19 preclude an individual whose residence is within an economically disad- 20 vantaged region that is not included in such list from qualifying as an 21 economically disadvantaged region candidate for the purposes of goals 22 set under this section. 23 c. Reporting. No later than one hundred eighty days after the effec- 24 tive date of this section and each quarter thereafter, the office of 25 community hiring and workforce development shall publish a report on a 26 website maintained or controlled by the city, pursuant to rules adopted 27 by the director, that shall include, for each transaction subject to a 28 goal established pursuant to paragraphs six, seven, or eight of subdivi- 29 sion a of this section, information demonstrating the corresponding 30 contractor's progress towards meeting such goal and, if applicable, any 31 subcontractors' progress towards meeting any goal established pursuant 32 to paragraphs seven or nine of subdivision a of this section, and aggre- 33 gate information regarding the demographics and compensation of econom- 34 ically disadvantaged region candidates, economically disadvantaged 35 candidates, and apprentices who are economically disadvantaged region 36 candidates, as applicable, relative to all individuals employed by such 37 contractor and, if applicable, subcontractors on such transaction. In 38 compiling this report, the director shall, to the extent he or she deems 39 feasible, use data sources established or maintained by the city for 40 other programs or operations in order to minimize administrative burdens 41 on contractors and subcontractors, provided that where the director 42 determines that such data sources cannot be used to complete such 43 report, the director may adopt rules requiring contractors and subcon- 44 tractors to provide such additional data necessary to complete this 45 report, and to certify the accuracy of such additional information. 46 Nothing in this subdivision shall be interpreted to authorize the direc- 47 tor to promulgate rules requiring labor organizations to provide infor- 48 mation on a regular basis to complete such reports. 49 d. Best efforts. (1) In determining whether a contractor or subcon- 50 tractor has exercised best efforts to meet the employment goals estab- 51 lished pursuant to subdivision a of this section, the director shall 52 consider the degree to which the contractor or subcontractor has endeav- 53 ored: 54 (A) to review economically disadvantaged region candidates' and 55 economically disadvantaged candidates' qualifications, as applicable, in 56 good faith;A. 1385 8 1 (B) to advertise employment opportunities, as applicable, in a manner 2 reasonably intended to attract qualified economically disadvantaged 3 candidates or economically disadvantaged region candidates, except that 4 contractors and subcontractors performing construction work pursuant to 5 a project labor agreement shall not be required to advertise employment 6 opportunities for construction work; 7 (C) to coordinate with referral sources or apprenticeship programs, as 8 applicable, in order to interview, if applicable, and employ such candi- 9 dates identified by such referral sources or apprenticeship programs, 10 provided that for contractors and subcontractors performing construction 11 work pursuant to a project labor agreement, the director shall only 12 consider the degree to which the contractor or subcontractor has endeav- 13 ored to meet such goals by complying with the referral provisions of 14 such project labor agreement; 15 (D) to review and organize the work under the transaction in order to 16 eliminate obstacles to meeting such employment goals; 17 (E) to monitor and to document the contractor's or subcontractor's 18 efforts to meet the employment goals; 19 (F) to contact the office of community hiring and workforce develop- 20 ment at routine intervals, or as otherwise required by rule, to inform 21 the director of the contractor's or subcontractor's efforts to meet the 22 employment goals; and 23 (G) to take all other commercially reasonable actions to meet the 24 employment goals. 25 (2) In order to exercise best efforts, neither contractors nor subcon- 26 tractors are required: 27 (A) to undertake an undue financial burden; 28 (B) to terminate or substantially reduce the work levels of any of a 29 contractor's or subcontractor's existing employees; 30 (C) to extend an offer of employment to an individual whose labor 31 would not be commercially useful; or 32 (D) to forgo filling building service opportunities with absorption 33 hires. 34 e. Discretionary application of goals. Notwithstanding any other 35 provision of this section, employment goals authorized under paragraphs 36 six through nine of subdivision a of this section may, but are not 37 required to be, established for transactions that are emergency procure- 38 ment contracts procured pursuant to the procedure set forth in section 39 three hundred fifteen of the charter. 40 f. Adjustment of construction goals. On a biannual basis, the director 41 shall review and thereafter may promulgate rules increasing or decreas- 42 ing the value of the employment goals established under paragraph seven 43 of subdivision a of this section. 44 g. Wage payment assurances. The director may promulgate rules setting 45 forth standards and a procedure by which contractors and subcontractors 46 that the director has determined have a record of failing to pay wages, 47 including but not limited to prevailing wages and benefits required 48 pursuant to article eight of the labor law, to individuals performing 49 construction labor under a transaction shall be required to provide 50 additional assurances acceptable to the director in order to receive 51 credit towards the achievement of employment goals set forth in para- 52 graph seven of subdivision a of this section. 53 § 3. Paragraph 1 of subdivision b of section 311 of the New York city 54 charter, as amended by local law number 20 of the city of New York for 55 the year 2004, is amended to read as follows:A. 1385 9 1 1. the methods for soliciting bids or proposals and awarding 2 contracts, consistent with the provisions of this chapter, provided that 3 the director of the office of community hiring and workforce development 4 may promulgate rules authorizing agencies to incorporate into the award 5 methodology for any contract a quantitative factor based on a bidder or 6 proposer's capacity to meet or exceed goals established pursuant to 7 subdivision a of section thirty-five hundred one of the charter, and 8 further provided that agencies incorporating such a quantitative factor 9 into the award methodology for a contract pursuant to such a rule shall 10 consider the potential impact of such a quantitative factor on busi- 11 nesses certified as minority or women-owned business enterprises pursu- 12 ant to article fifteen-A of the executive law or section thirteen 13 hundred four of the charter, not-for-profit corporations, and small 14 businesses, as such term is defined in section thirty-five hundred of 15 the charter; 16 § 4. Subparagraphs (x) and (xi) of paragraph a of subdivision 36 of 17 section 2590-h of the education law, as amended by chapter 98 of the 18 laws of 2019, are amended and two new subparagraphs (xii) and (xiii) are 19 added to read as follows: 20 (x) a process for emergency procurement in the case of an unforeseen 21 danger to life, safety, property or a necessary service provided that 22 such procurement shall be made with such competition as is practicable 23 under the circumstances and that a written determination of the basis 24 for the emergency procurement shall be required and filed with the comp- 25 troller of the city of New York when such emergency contract is filed 26 with such comptroller; [and] 27 (xi) procedures for the fair and equitable resolution of contract 28 disputes[.]; 29 (xii) employment goals established in accordance with the program 30 established pursuant to section thirty-five hundred one of the New York 31 city charter, including but not limited to employment goals established 32 pursuant to paragraph seven of subdivision a and the corresponding best 33 efforts provisions set forth in subdivision d of such section; provided, 34 however, that where a provision of such section requires action by the 35 director of the office of community hiring and workforce development, 36 such action shall not be taken by the director of the office of communi- 37 ty hiring and workforce development but shall be taken by the chancellor 38 or his or her designee; and 39 (xiii) a quantitative factor to be used in the evaluation of bids, 40 proposals or other offers for the purposes of awarding of contracts 41 based on a bidder, proposer or other offerer's capacity to meet or 42 exceed goals established pursuant to subparagraph (xii) of this para- 43 graph, provided that, when incorporating such a quantitative factor into 44 the award process for a contract, the chancellor, superintendent, or 45 school, as applicable, shall consider the potential impact of such a 46 quantitative factor on businesses certified as minority or women-owned 47 business enterprises pursuant to article fifteen-A of the executive law 48 or section thirteen hundred four of the New York city charter, not-for- 49 profit corporations, and small businesses, as such term is defined in 50 section thirty-five hundred of such charter. 51 § 5. Subdivision (c) of section 917 of the general municipal law, as 52 separately amended by chapter 1082 of the laws of 1974 and chapter 239 53 of the laws of 2001, is amended to read as follows: 54 (c) For the benefit of the city and the inhabitants thereof an indus- 55 trial development agency, to be known as the New York City Industrial 56 Development Agency, is hereby established for the accomplishment of anyA. 1385 10 1 or all of the purposes specified in title one of article eighteen-A of 2 this chapter, except that it shall not have the power to construct or 3 rehabilitate any residential facility or housing of any nature and kind 4 whatsoever, nor shall it use any of its funds to further the 5 construction or rehabilitation of any residential facility or housing of 6 any nature and kind whatsoever. It shall constitute a body corporate and 7 politic, and be perpetual in duration. It shall only have the powers and 8 duties conferred by title one of article eighteen-A of this chapter upon 9 industrial development agencies as of January 1, 1973 except that it 10 shall have the power to finance a rail freight facility and the power to 11 establish employment goals in accordance with the program established 12 pursuant to section thirty-five hundred one of the New York city char- 13 ter, including but not limited to employment goals established pursuant 14 to paragraph seven of subdivision a and the corresponding best efforts 15 provisions set forth in subdivision d of such section; provided, howev- 16 er, that where a provision of such section requires action by the direc- 17 tor of the office of community hiring and workforce development, such 18 action shall not be taken by the director of the office of community 19 hiring and workforce development but shall be taken by the chief execu- 20 tive officer of the agency or his or her designee, and it shall not have 21 the power of condemnation. In the exercise of the powers conferred upon 22 such agency with respect to the acquisition of real property by article 23 eighteen-A of this chapter such agency shall be limited to the geograph- 24 ical jurisdictional limits of the city. 25 § 6. Section 816-b of the labor law, as added by chapter 571 of the 26 laws of 2001, is amended to read as follows: 27 § 816-b. Apprenticeship participation on [construction] certain 28 governmental contracts. 1. For purposes of this section: 29 (a) "governmental entity" shall mean the state, any state agency, as 30 that term is defined in section two-a of the state finance law, munici- 31 pal corporation, commission appointed pursuant to law, school district, 32 district corporation, board of education, board of cooperative educa- 33 tional services, soil conservation district, and public benefit corpo- 34 ration; [and] 35 (b) "construction contract" shall mean any contract to which a govern- 36 mental entity may be a direct or indirect party which involves the 37 design, construction, reconstruction, improvement, rehabilitation, main- 38 tenance, repair, furnishing, equipping of or otherwise providing for any 39 building, facility or physical structure of any kind; and 40 (c) "city governmental entity" means a governmental entity that is (i) 41 a city with a population of one million or more inhabitants; or (ii) a 42 city school district or public benefit corporation operating primarily 43 within a city with a population of one million or more inhabitants. 44 2. Notwithstanding any other provision of this article, of section one 45 hundred three of the general municipal law, of section one hundred thir- 46 ty-five of the state finance law, of section one hundred fifty-one of 47 the public housing law, or of any other general, special or local law or 48 administrative code, in entering into any construction contract, a 49 governmental entity [which] that is to be a direct or indirect party to 50 such contract may require that any contractors and subcontractors have, 51 prior to entering into such contract, apprenticeship agreements appro- 52 priate for the type and scope of work to be performed, that have been 53 registered with, and approved by, the commissioner pursuant to the 54 requirements found in this article. A city governmental entity that is 55 a direct or indirect party to a contract, including but not limited to a 56 construction contract, may establish in its specifications a requirementA. 1385 11 1 that, in performing the work, the contractor and its subcontractors 2 utilize a minimum ratio of apprentices to journey-level workers, as 3 established by the government entity but subject to any maximum ratio 4 established by the department of labor, for any classification appropri- 5 ate for the type and scope of work to be performed, provided that no 6 such minimum ratio shall be established for labor performed pursuant to 7 a construction contract subject to a goal for the employment of appren- 8 tices who reside in economically disadvantaged regions. Whenever utiliz- 9 ing [this requirement] these requirements, the governmental entity may, 10 in addition to whatever considerations are required by law, consider the 11 degree to which career opportunities in apprenticeship training programs 12 approved by the commissioner may be provided. 13 § 7. Notwithstanding any law to the contrary, any city-affiliated 14 not-for-profit corporation, as such term is defined in section 3500 of 15 the New York city charter, is authorized to establish employment goals 16 in accordance with the program established pursuant to section 3501 of 17 such charter, including but not limited to employment goals established 18 pursuant to paragraph 7 of subdivision a and the corresponding best 19 efforts provisions set forth in subdivision d of such section; provided, 20 however, that where a provision of such section requires action by the 21 director of the office of community hiring and workforce development of 22 the city of New York, such action shall not be taken by the director of 23 the office of community hiring and workforce development but shall be 24 taken by the chief executive officer of such corporation, or a duly 25 appointed designee. 26 § 8. Section 1728 of the public authorities law is amended by adding a 27 new subdivision 15-a to read as follows: 28 15-a. To establish employment goals in accordance with the program 29 established pursuant to section thirty-five hundred one of the New York 30 city charter, including but not limited to employment goals established 31 pursuant to paragraph seven of subdivision a and the corresponding best 32 efforts provisions set forth in subdivision d of such section; provided, 33 however, that where a provision of such section requires action by the 34 director of the office of community hiring and workforce development, 35 such action shall not be taken by the director of the office of communi- 36 ty hiring and workforce development but shall be taken by the president 37 of the authority or his or her designee; 38 § 9. The opening paragraph of paragraph d of subdivision 5 of section 39 1734 of the public authorities law, as added by chapter 738 of the laws 40 of 1988, is amended to read as follows: 41 the authority determines that it is in the public interest to award 42 contracts pursuant to a process for competitive requests for proposals 43 as hereinafter set forth. For purposes of this section, a process for 44 competitive requests for proposals shall mean a method of soliciting 45 proposals and awarding a contract on the basis of a formal evaluation of 46 the characteristics, such as quality, cost, delivery schedule, the 47 capacity to meet or exceed the goals set forth in subdivision fifteen-a 48 of section seventeen hundred twenty-eight of this title and financing of 49 such proposals against stated selection criteria. Public notice of the 50 requests for proposals shall be given in the same manner as provided in 51 subdivision three of this section and shall include the selection crite- 52 ria. In the event the authority makes a material change in the selection 53 criteria from those previously stated in the notice, it will inform all 54 proposers of such change and permit proposers to modify their proposals. 55 When the authority includes in the selection criteria for a request for 56 proposals a quantitative factor based on a proposer's capacity to meetA. 1385 12 1 or exceed the goals set forth in subdivision fifteen-a of section seven- 2 teen hundred twenty-eight of this title, the authority shall consider 3 the potential impact of such a quantitative factor on businesses certi- 4 fied as minority or women-owned business enterprises pursuant to article 5 fifteen-a of the executive law, section thirteen hundred four of the New 6 York city charter, or section seventeen hundred forty-three of this 7 title, not-for-profit corporations, and small businesses, as such term 8 is defined in section thirty-five hundred of the New York city charter. 9 § 10. Section 5 of section 1 of chapter 1016 of the laws of 1969, 10 constituting the New York city health and hospitals corporation act, is 11 amended by adding a new subdivision 20-a to read as follows: 12 20-a. To establish employment goals in accordance with the program 13 established pursuant to section thirty-five hundred one of the New York 14 city charter, including but not limited to employment goals established 15 pursuant to paragraph seven of subdivision a and the corresponding best 16 efforts provisions set forth in subdivision d of such section; provided, 17 however, that where a provision of such section requires action by the 18 director of the office of community hiring and workforce development, 19 such action shall not be taken by the director of the office of communi- 20 ty hiring and workforce development but shall be taken by a duly 21 appointed designee of the corporation; and 22 § 11. Section 8 of section 1 of chapter 1016 of the laws of 1969, 23 constituting the New York city health and hospitals corporation act, is 24 amended by adding a new subdivision 1-a to read as follows: 25 1-a. Notwithstanding any other provision in this act, the corporation 26 may establish a quantitative factor to be used in the evaluation of bids 27 for the purposes of awarding of contracts based on a bidder's capacity 28 to meet or exceed goals established pursuant to subdivision twenty-a of 29 section five of this act, provided that when establishing such a qual- 30 itative factor, the corporation shall consider the potential impact of 31 such a quantitative factor on businesses certified as minority or 32 women-owned business enterprises pursuant to article fifteen-a of the 33 executive law or section thirteen hundred four of the New York city 34 charter, not-for-profit corporations, and small businesses, as such term 35 is defined in section thirty-five hundred of the New York city charter; 36 § 12. Subdivision b of section 2 of chapter 749 of the laws of 2019, 37 constituting the New York city public works investment act, is amended 38 by adding a new paragraph 12-a to read as follows: 39 (12-a) A quantitative factor to be used in the evaluation of bids or 40 offers for awarding of contracts based on a bidder or offerer's capacity 41 to meet or exceed goals established pursuant to subdivision a of section 42 3501 of the New York city charter; 43 § 13. No provision of this act shall be construed to invalidate any 44 provision of a project labor agreement, as such term is defined in 45 section 3500 of the New York city charter as added by section two of 46 this act, or otherwise affect the contractual rights of any party to 47 such an agreement. 48 § 14. If any clause, sentence, paragraph, or section of this act is 49 declared invalid or unconstitutional by any court of competent jurisdic- 50 tion, after exhaustion of all further judicial review, such portion 51 shall be deemed severable, and the court's judgment shall not affect, 52 impair or invalidate the remainder of this act, but shall be confined in 53 its operation to the clause, sentence, paragraph, or section of this act 54 directly involved in the controversy in which the judgment was rendered. 55 § 15. This act shall take effect on the one hundred eightieth day 56 after it shall have become a law; provided that effective immediately,A. 1385 13 1 the addition, amendment and/or repeal of any rule or regulation neces- 2 sary for the implementation of this act on its effective date are 3 authorized to be made and completed on or before such effective date by 4 the director of the office of community hiring and workforce development 5 of the city of New York, the chancellor and the city board of the city 6 school district of the city of New York, the president of the New York 7 city school construction authority, the duly appointed designee of the 8 New York city health and hospitals corporation, the chief executive 9 officer of the New York city industrial development agency, and the 10 chief executive officer of any city-affiliated not-for-profit corpo- 11 ration, as such term is defined by section 3500 of the New York city 12 charter as added by section two of this act; provided further that: 13 (1) sections one, two, three, five, six, seven, eight, nine, ten, 14 eleven, thirteen, and fourteen of this act shall expire and be deemed 15 repealed 7 years after this act takes effect, provided that such expira- 16 tion and repeal shall not affect any transaction, as such term is 17 defined by section 3500 of the New York city charter as added by section 18 two of this act, entered into or for which a solicitation was released 19 prior to such expiration and repeal, or to any renewals, extensions, 20 modifications, or amendments to such transaction; 21 (2) the amendments to paragraph a of subdivision 36 of section 2590-h 22 of the education law made by section four of this act shall not affect 23 the expiration of such subdivision and such section and shall expire and 24 be deemed repealed therewith, or 7 years after this act takes effect, 25 whichever occurs earlier, provided that such expiration and repeal shall 26 not affect any transaction entered into or for which a solicitation was 27 released prior to such expiration and repeal, or to any renewals, exten- 28 sions, modifications, or amendments to such transaction; and 29 (3) the amendments to the New York city public works investment act 30 made by section twelve of this act shall not affect the expiration and 31 repeal of such act and shall expire and be deemed repealed therewith, or 32 7 years after this act takes effect, whichever occurs earlier.
