Bill Text: NY S07387 | 2023-2024 | General Assembly | Amended
Bill Title: Provides for 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 5-0)
Status: (Passed) 2023-11-17 - SIGNED CHAP.669 [S07387 Detail]
Download: New_York-2023-S07387-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 7387--B 2023-2024 Regular Sessions IN SENATE May 22, 2023 ___________ Introduced by Sens. PARKER, RAMOS, BAILEY -- (at request of the NYC Office of the Mayor) -- read twice and ordered printed, and when printed to be committed to the Committee on Cities 1 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the New York city charter, the education law, the gener- al municipal law, the labor law, the public authorities law, and the New York city health and hospitals corporation act, in relation to providing for employment opportunities for economically disadvantaged candidates and economically disadvantaged region candidates and apprenticeship utilization on public transactions; and providing for the repeal of such provisions upon 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 among 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- EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD11271-05-3S. 7387--B 2 1 taged candidates and qualified candidates from economically disadvan- 2 taged regions. 3 § 2. The New York city charter is amended by adding a new chapter 79 4 to read as follows: 5 CHAPTER 79 6 COMMUNITY HIRING AND WORKFORCE DEVELOPMENT 7 § 3501. Definitions. As used in this chapter, the following terms 8 shall have the following meanings: 9 Absorption hire. The term "absorption hire" means an individual who 10 fills a building service opportunity and who: 11 (1) was employed to perform building service work within the preceding 12 six months at the same facility to which such individual is assigned; or 13 (2) fills such building service opportunity as a result of a reassign- 14 ment by a contractor or subcontractor, as applicable, due to a displace- 15 ment caused by the closure of another facility, a staffing reduction at 16 another facility, or any other similar event. 17 Apprentice. The term "apprentice" means an individual who is receiving 18 training and performing labor pursuant to an apprenticeship agreement. 19 Apprenticeship agreement. The term "apprenticeship agreement" means an 20 agreement, as such term is defined by section eight hundred sixteen of 21 the labor law, that has been registered with, and approved by, the 22 commissioner of labor of the state of New York pursuant to article twen- 23 ty-three of the labor law. 24 Building service opportunity. The term "building service opportunity" 25 means an employment opportunity to perform building service work. 26 Building service opportunity labor hour. The term "building service 27 opportunity labor hour" means a labor hour performed by an individual 28 employed to fill a building service opportunity. 29 Building service work. The term "building service work" means the 30 classifications of labor that the applicable fiscal officer has identi- 31 fied as consistent with section two hundred thirty of the labor law, 32 regardless of whether such labor constitutes building service work for 33 which workers are entitled to prevailing wage pursuant to article nine 34 of the labor law. 35 City-affiliated not-for-profit corporation. The term "city-affiliated 36 not-for-profit corporation" means a local development corporation or 37 other not-for-profit corporation, a majority of whose members are 38 appointed by the mayor. 39 Construction work. The term "construction work" means: 40 (1) any labor of a type that the applicable fiscal officer, as defined 41 in paragraph e of subdivision five of section two hundred twenty of the 42 labor law, has identified in a published schedule as a classification of 43 work performed by laborers, workers or mechanics, regardless of whether 44 such labor constitutes public work pursuant to such section; and 45 (2) any additional types of labor identified by the director by rule, 46 provided that such labor shall not include building service work. 47 Contractor. The term "contractor" means an individual, company, corpo- 48 ration, partnership, or other entity that has entered into a transaction 49 with the city, including but not limited to vendors providing human 50 services, standard services, professional services, construction-related 51 services, and construction, as such terms are defined by rules of the 52 procurement policy board, to the city, except that the term "contractor" 53 does not include: 54 (1) any governmental entity; or 55 (2) any labor organization.S. 7387--B 3 1 Director. The term "director" means the director of the office of 2 community hiring and workforce development or his or her designee. 3 Economically disadvantaged candidate. The term "economically disadvan- 4 taged candidate" means an individual: 5 (1) whose income or household income falls below an applicable quanti- 6 tative threshold determined by the director, provided that such income 7 shall not include any types of public benefits provided by the federal 8 government or a state or local government and identified by the direc- 9 tor; and 10 (2) who is certified as meeting all applicable requirements. 11 Economically disadvantaged region. The term "economically disadvan- 12 taged region" means an area, represented by its five-digit ZIP code, in 13 which at least fifteen percent of residents have household incomes below 14 the federal poverty threshold. 15 Economically disadvantaged region candidate. The term "economically 16 disadvantaged region candidate" means an individual who is certified as 17 meeting all applicable requirements and who is a: 18 (1) resident of an address within an economically disadvantaged 19 region; 20 (2) resident of a building that is: 21 (i) owned or operated by the New York city housing authority; and 22 (ii) subject to section nine of the United States Housing Act of nine- 23 teen hundred thirty-seven, as amended; or 24 (3) resident of a dwelling unit that is: 25 (i) subject to a regulatory agreement with a federal, state or local 26 government agency requiring that occupancy of such unit be restricted 27 based on the income of the occupants; and 28 (ii) located in a building that was previously operated by the New 29 York city housing authority, was previously subject to section nine of 30 the United States Housing Act of nineteen hundred thirty-seven, as 31 amended, and is subject to section eight of such act. 32 Employment opportunity. The term "employment opportunity" means a 33 vacancy in a position to perform services under a transaction. 34 Exempt transaction. The term "exempt transaction" includes any: 35 (1) contract procured pursuant to section one hundred sixty-two of the 36 state finance law; 37 (2) contract for the performance of services by a city-affiliated 38 not-for-profit corporation; 39 (3) contract the principal purpose of which is the supply of goods, 40 except that the term "exempt transaction" shall not include any trans- 41 action the principal purpose of which is delivery services; 42 (4) contract in an amount below the small purchase threshold set 43 pursuant to the authority and procedure set forth in subdivision a of 44 section three hundred fourteen of this charter; 45 (5) contract for confidential or investigative services or any other 46 type of contract excluded by a rule adopted by the director based on a 47 determination that the application of goals under this program would 48 substantially undermine the primary objective of that type of contract; 49 (6) contract subject to federal or state funding requirements that 50 preclude or substantially conflict with the application of goals under 51 this program; 52 (7) contract for emergency demolition services procured by the depart- 53 ment of housing preservation and development pursuant to the procedure 54 set forth in section three hundred fifteen of this charter; orS. 7387--B 4 1 (8) contract for which contractor selection is made by an elected 2 official other than the mayor or an agency other than a mayoral agency, 3 except as otherwise provided by rule by the director. 4 Labor organization. The term "labor organization" has the meaning 5 provided in section one hundred fifty-two of title twenty-nine of the 6 United States code, or any successor provision. 7 Mayoral agency. The term "mayoral agency" includes: 8 (1) any agency the head of which is appointed by the mayor; 9 (2) any agency headed by a board, commission, or other multi-member 10 body, the majority of the membership of which is appointed by the mayor; 11 and 12 (3) the office of the mayor. 13 Project labor agreement. The term "project labor agreement" means a 14 pre-hire collective bargaining agreement entered into between the city 15 and a bona fide building and construction trade labor organization 16 establishing the labor organization or its affiliates as the collective 17 bargaining representative for all persons who will perform construction 18 work on a transaction, provided such agreement: 19 (1) provides that only contractors and subcontractors who sign a pre- 20 negotiated agreement with the labor organization can perform such work 21 on such transaction; and 22 (2) includes goals for the employment of qualified economically disad- 23 vantaged region candidates to perform such work. 24 Referral source. The term "referral source" means an individual, 25 company, corporation, partnership, agency, union referral system, or 26 other entity selected pursuant to paragraph three of subdivision a of 27 section thirty-five hundred two of this chapter to make referrals of 28 candidates to contractors, prospective contractors, subcontractors, and 29 prospective subcontractors for the purposes of meeting the applicable 30 employment goals set forth in such section; provided that any union 31 referral system shall be deemed an approved referral source for the 32 purposes of paragraph three of subdivision a of section thirty-five 33 hundred two of this chapter. 34 Subcontractor. The term "subcontractor" means an individual, company, 35 corporation, partnership or other entity that has entered into an agree- 36 ment with a contractor or another subcontractor in order to perform 37 services or any other obligation under a transaction, provided that such 38 agreement involves the performance of construction work of any value, or 39 the total dollar value of such agreement exceeds twenty thousand 40 dollars, and further provided that the term "subcontractor" does not 41 include: 42 (1) employees; 43 (2) governmental entities; or 44 (3) labor organizations. 45 Transaction. The term "transaction" means a procurement contract, 46 except that the term "transaction" shall not include any exempt trans- 47 action. 48 Union referral system. The term "union referral system" means a labor 49 organization that has an affiliated registered apprentice program with 50 direct entry access from one or more pre-apprentice programs that are 51 compliant with United States department of labor and New York state 52 department of labor regulations, as well as any labor organization with 53 an affiliated community recruitment program. 54 § 3502. Office of community hiring and workforce development. a. 55 Office established. The mayor shall establish an office of community 56 hiring and workforce development. Such office may be established as aS. 7387--B 5 1 separate office or within any department the head of which is appointed 2 by the mayor. The office of community hiring and workforce development 3 shall be headed by a director who shall be appointed by the mayor or 4 head of such department. The director shall, as the director deems 5 appropriate, adopt rules consistent with the purpose of this chapter 6 relating to employment goals on transactions, including rules: 7 (1) requiring contractors and subcontractors to agree to publicly 8 disclose employment opportunities; 9 (2) establishing a procedure for the certification of individuals as 10 economically disadvantaged candidates, economically disadvantaged region 11 candidates, or both, provided that such certification procedure shall, 12 to the extent the director deems feasible, use data sources and adminis- 13 trative processes established or maintained by the city for other 14 programs or operations in order to minimize administrative burdens on 15 contractors, subcontractors, and individuals; 16 (3) establishing a procedure by which the director shall identify and 17 deem union referral systems as referral sources and may approve other 18 referral sources for the purposes of this section, whereby the director 19 shall: 20 (i) publicly release a referral source solicitation that includes a 21 description of functions of a referral source, the manner in which 22 responses must be submitted, and the criteria by which responding enti- 23 ties will be approved, and authorize one or more entities, as appropri- 24 ate, to function as referral sources, based on the criteria included in 25 the solicitation; 26 (ii) authorize an agency in writing to function as a referral source; 27 or 28 (iii) authorize, in writing, an entity engaged pursuant to an agree- 29 ment with an agency for employment recruitment services or other work- 30 force development services to function as a referral source; 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 employ 40 qualified economically disadvantaged region candidates in order to meet 41 employment goals relating to building service work based on: 42 (i) the percentage of building service opportunities filled by econom- 43 ically disadvantaged region candidates, provided that in calculating 44 such goals, absorption hires shall not be considered; or 45 (ii) the percentage of building service opportunity labor hours 46 performed by economically disadvantaged region candidates, provided that 47 in calculating such goals, building service opportunity labor hours 48 performed by absorption hires shall not be considered; 49 (7) requiring contractors and subcontractors to agree to make best 50 efforts to employ qualified economically disadvantaged region candidates 51 to perform no less than a percentage of the cumulative hours of 52 construction work on transactions involving construction work, and addi- 53 tionally requiring, to the extent feasible consistent with the maximum 54 ratios of apprentices to journey-level workers established by the New 55 York state department of labor, that such contractors and subcontractors 56 agree to make best efforts to employ apprentices who are qualifiedS. 7387--B 6 1 economically disadvantaged region candidates to perform no less than a 2 percentage of such cumulative hours of construction work, provided that 3 construction work performed by apprentices who are qualified econom- 4 ically disadvantaged region candidates shall be credited towards the 5 achievement of both employment goals set forth in this paragraph. Where 6 a transaction is not subject to a project labor agreement, such goals 7 shall be established pursuant to paragraph twelve of this subdivision 8 and where a transaction is subject to a project labor agreement, such 9 goals shall be established pursuant to subdivision f of this section; 10 (8) requiring contractors to agree to make best efforts to employ 11 qualified economically disadvantaged candidates in order to meet employ- 12 ment goals relating to work on transactions that neither involves 13 construction work nor building service work, and establishing such goals 14 based on: 15 (i) the percentage of the cumulative hours of labor performed by such 16 candidates; 17 (ii) the percentage of employment opportunities filled by such candi- 18 dates; or 19 (iii) the total value of the transaction; 20 (9) requiring subcontractors to agree to make best efforts to extend 21 offers of employment to qualified candidates in order to meet any 22 employment goals described in paragraph six or eight of this subdivision 23 and established pursuant to rules adopted by the director; 24 (10) establishing a schedule of civil penalties, based on factors 25 including but not limited to a contractor's industry or any relevant 26 occupations employed by a contractor or subcontractor, that the director 27 or an applicable agency may impose on a contractor due to the contrac- 28 tor's or subcontractor's non-compliance with an obligation created 29 pursuant to this section and a procedure for the imposition of such 30 penalties, which will not exclude other remedies established in this 31 charter or any other law, provided that any civil penalties imposed 32 pursuant to this paragraph shall not exceed two thousand five hundred 33 dollars for each non-compliance with such an obligation or each failure 34 to correct such non-compliance; 35 (11) designating paper or electronic formats for the submission of 36 documents related to the selection and operation of referral sources and 37 contractors and subcontractors subject to goals pursuant to paragraphs 38 six through nine of this subdivision, as applicable, including but not 39 limited to, documents containing information required pursuant to para- 40 graphs one and three of this subdivision, subdivision c and subpara- 41 graphs (v) and (vi) of paragraph one of subdivision d of this section; 42 solicitation documents and responses, including bids and proposals; and 43 data related to labor performed pursuant to transactions, including 44 payroll reports, as applicable; and 45 (12) (i) authorizing the director, in consultation with the city chief 46 procurement officer, as such term is defined in rules promulgated by the 47 procurement policy board, to establish factors by which goals described 48 in paragraphs six, seven, eight, and nine of this subdivision, other 49 than for goals established pursuant to such paragraph seven in 50 connection with transactions subject to a project labor agreement, will 51 be established for individual transactions, including: 52 (A) the scope of the transaction; 53 (B) the availability of qualified economically disadvantaged candi- 54 dates and economically disadvantaged region candidates and apprentices; 55 (C) the nature of any employment opportunities that the director 56 expects will result from the transaction; andS. 7387--B 7 1 (D) any other similar factors. 2 (ii) prior to setting a goal pursuant to this subdivision for an indi- 3 vidual transaction, the agency entering into the transaction shall 4 consider the goals set for previous, similar transactions and whether 5 such goals were appropriate for such transactions. 6 b. Lists of economically disadvantaged regions. No later than ninety 7 days after the effective date of this section, and at least once during 8 each twelve-month period thereafter, the director shall publish a report 9 including an updated list of all economically disadvantaged regions 10 within a radius of one hundred miles of the city or all such econom- 11 ically disadvantaged regions within the metropolitan area. Nothing shall 12 preclude an individual whose residence is within an economically disad- 13 vantaged region that is not included in such list from qualifying as an 14 economically disadvantaged region candidate for the purposes of goals 15 set forth under this section. 16 c. Reporting. No later than one hundred eighty days after the effec- 17 tive date of this section and each quarter thereafter, the office of 18 community hiring and workforce development shall publish a report on a 19 website maintained or controlled by the city, pursuant to rules adopted 20 by the director, that shall include, for each transaction subject to a 21 goal established pursuant to paragraph six, seven, or eight of subdivi- 22 sion a of this section, information demonstrating the corresponding 23 contractor's progress towards meeting such goal and, if applicable, any 24 subcontractor's progress towards meeting any goal established pursuant 25 to paragraph seven or nine of subdivision a of this section, and aggre- 26 gate information regarding the overall progress towards meeting such 27 goals as well as the demographics and compensation of economically 28 disadvantaged region candidates, economically disadvantaged candidates, 29 and apprentices who are economically disadvantaged region candidates, as 30 applicable, relative to all individuals employed by such contractor and, 31 if applicable, subcontractors on such transaction. Such report shall 32 also include aggregate information regarding the total number of econom- 33 ically disadvantaged candidates and economically disadvantaged region 34 candidates hired, including the number of such candidates hired by 35 contract type and the resulting financial benefits of the program. In 36 compiling this report, the director shall, to the extent he or she deems 37 feasible, use data sources established or maintained by the city for 38 other programs or operations in order to minimize administrative burdens 39 on contractors and subcontractors, provided that where the director 40 determines that such data sources cannot be used to complete such 41 report, the director may adopt rules requiring contractors and subcon- 42 tractors to provide such additional data necessary to complete this 43 report, and to certify the accuracy of such additional information. 44 Nothing in this subdivision shall be interpreted to authorize the direc- 45 tor to promulgate rules requiring labor organizations to provide infor- 46 mation on a regular basis to complete such reports. 47 d. Best efforts. (1) In determining whether a contractor or subcon- 48 tractor has exercised best efforts to meet the employment goals estab- 49 lished pursuant to subdivision a of this section, the director shall 50 consider the degree to which the contractor or subcontractor has endeav- 51 ored: 52 (i) to review economically disadvantaged region candidates' and 53 economically disadvantaged candidates' qualifications, as applicable, in 54 good faith; 55 (ii) to advertise employment opportunities, as applicable, in a manner 56 reasonably intended to attract qualified economically disadvantagedS. 7387--B 8 1 candidates or economically disadvantaged region candidates, except that 2 contractors and subcontractors performing construction work pursuant to 3 a project labor agreement shall not be required to advertise employment 4 opportunities for construction work; 5 (iii) to coordinate with referral sources or apprenticeship programs, 6 as applicable, in order to employ such candidates identified by such 7 referral sources or apprenticeship programs, provided that for contrac- 8 tors and subcontractors performing construction work pursuant to a 9 project labor agreement, the director shall only consider the degree to 10 which the contractor or subcontractor has endeavored to meet such goals 11 by complying with the referral provisions of such project labor agree- 12 ment; 13 (iv) to review and organize the work under the transaction in order to 14 eliminate obstacles to meeting such employment goals; 15 (v) to monitor and to document the contractor's or subcontractor's 16 efforts to meet the employment goals; 17 (vi) to contact the office of community hiring and workforce develop- 18 ment at routine intervals, or as otherwise required by rule, to inform 19 the director of the contractor's or subcontractor's efforts to meet the 20 employment goals; and 21 (vii) to take all other commercially reasonable actions to meet the 22 employment goals. 23 (2) In order to exercise best efforts, neither contractors nor subcon- 24 tractors are required: 25 (i) to undertake an undue financial burden; 26 (ii) to terminate or reduce the work levels of any of a contractor's 27 or subcontractor's existing employees; 28 (iii) to extend an offer of employment to an individual whose labor 29 would not be commercially useful; 30 (iv) to forgo filling building service opportunities with absorption 31 hires; or 32 (v) to forgo requesting, employing, or hiring any individuals or 33 assigning individuals to perform construction work in accordance with 34 the terms of: 35 (A) an agreement with a union referral system to which a contractor or 36 subcontractor is a signatory; or 37 (B) an agreement with a referral source for the sourcing of labor to 38 which a contractor or subcontractor is a signatory, provided that such 39 contractor or subcontractor demonstrates to the satisfaction of the 40 director that such agreement was entered into in furtherance of a bona 41 fide interest in sourcing labor. 42 e. Discretionary application of goals. Notwithstanding any other 43 provision of this section, employment goals authorized under paragraphs 44 six, seven, eight and nine of subdivision a of this section may, but are 45 not required to be, established for transactions that are emergency 46 procurement contracts procured pursuant to the procedure set forth in 47 section three hundred fifteen of this charter. 48 f. Adjustment of construction goals for project labor agreements. 49 Where the city has entered or enters into a project labor agreement and 50 such project labor agreement includes numerical goals regarding the 51 sourcing of economically disadvantaged region candidates and appren- 52 tices, such numerical goals set forth in such project labor agreement 53 shall apply to transactions subject to such project labor agreement. 54 g. Wage payment assurances. The director may promulgate rules setting 55 forth standards and a procedure by which contractors and subcontractors 56 that the director has determined have a record of failing to pay wages,S. 7387--B 9 1 including but not limited to prevailing wages and benefits required 2 pursuant to article eight of the labor law, to individuals performing 3 construction work under a transaction shall be required to provide addi- 4 tional assurances acceptable to the director in order to receive credit 5 towards the achievement of employment goals set forth in paragraph seven 6 of subdivision a of this section. 7 § 3. Subparagraphs (x) and (xi) of paragraph a of subdivision 36 of 8 section 2590-h of the education law, as amended by chapter 98 of the 9 laws of 2019, are amended and a new subparagraph (xii) is added to read 10 as follows: 11 (x) a process for emergency procurement in the case of an unforeseen 12 danger to life, safety, property or a necessary service provided that 13 such procurement shall be made with such competition as is practicable 14 under the circumstances and that a written determination of the basis 15 for the emergency procurement shall be required and filed with the comp- 16 troller of the city of New York when such emergency contract is filed 17 with such comptroller; [and] 18 (xi) procedures for the fair and equitable resolution of contract 19 disputes[.]; and 20 (xii) employment goals established in accordance with the program 21 established pursuant to section thirty-five hundred two of the New York 22 city charter, including but not limited to employment goals established 23 pursuant to paragraph seven of subdivision a and the corresponding best 24 efforts provisions set forth in subdivision d of such section; provided, 25 however, that where a provision of such section requires action by the 26 director of the office of community hiring and workforce development, 27 such action shall not be taken by the director of the office of communi- 28 ty hiring and workforce development but shall be taken by the chancellor 29 or his or her designee. 30 § 4. Subdivision (c) of section 917 of the general municipal law, as 31 separately amended by chapter 1082 of the laws of 1974 and chapter 239 32 of the laws of 2001, is amended to read as follows: 33 (c) For the benefit of the city and the inhabitants thereof an indus- 34 trial development agency, to be known as the New York City Industrial 35 Development Agency, is hereby established for the accomplishment of any 36 or all of the purposes specified in title one of article eighteen-A of 37 this chapter, except that it shall not have the power to construct or 38 rehabilitate any residential facility or housing of any nature and kind 39 whatsoever, nor shall it use any of its funds to further the 40 construction or rehabilitation of any residential facility or housing of 41 any nature and kind whatsoever. It shall constitute a body corporate and 42 politic, and be perpetual in duration. It shall only have the powers and 43 duties conferred by title one of article eighteen-A of this chapter upon 44 industrial development agencies as of January 1, 1973 except that it 45 shall have the power to finance a rail freight facility and the power to 46 establish employment goals in accordance with the program established 47 pursuant to section thirty-five hundred two of the New York city char- 48 ter, including but not limited to employment goals established pursuant 49 to paragraph seven of subdivision a and the corresponding best efforts 50 provisions set forth in subdivision d of such section; provided, howev- 51 er, that where a provision of such section requires action by the direc- 52 tor of the office of community hiring and workforce development, such 53 action shall not be taken by the director of the office of community 54 hiring and workforce development but shall be taken by the chief execu- 55 tive officer of the agency or his or her designee, and it shall not have 56 the power of condemnation. In the exercise of the powers conferred uponS. 7387--B 10 1 such agency with respect to the acquisition of real property by article 2 eighteen-A of this chapter such agency shall be limited to the geograph- 3 ical jurisdictional limits of the city. 4 § 5. Section 816-b of the labor law, as added by chapter 571 of the 5 laws of 2001, is amended to read as follows: 6 § 816-b. Apprenticeship participation on [construction] certain 7 governmental contracts. 1. For purposes of this section: 8 (a) "governmental entity" shall mean the state, any state agency, as 9 that term is defined in section two-a of the state finance law, munici- 10 pal corporation, commission appointed pursuant to law, school district, 11 district corporation, board of education, board of cooperative educa- 12 tional services, soil conservation district, and public benefit corpo- 13 ration; [and] 14 (b) "construction contract" shall mean any contract to which a govern- 15 mental entity may be a direct or indirect party which involves the 16 design, construction, reconstruction, improvement, rehabilitation, main- 17 tenance, repair, furnishing, equipping of or otherwise providing for any 18 building, facility or physical structure of any kind; and 19 (c) "city governmental entity" shall mean a governmental entity that 20 is (i) a city with a population of one million or more inhabitants; or 21 (ii) a city school district or public benefit corporation operating 22 primarily within a city with a population of one million or more inhab- 23 itants. 24 2. Notwithstanding any other provision of this article, of section one 25 hundred three of the general municipal law, of section one hundred thir- 26 ty-five of the state finance law, of section one hundred fifty-one of 27 the public housing law, or of any other general, special or local law or 28 administrative code, in entering into any construction contract, a 29 governmental entity [which], including any city governmental entity, 30 that is to be a direct or indirect party to such contract may require 31 that any contractors and subcontractors have, prior to entering into 32 such contract, apprenticeship agreements appropriate for the type and 33 scope of work to be performed, that have been registered with, and 34 approved by, the commissioner pursuant to the requirements found in this 35 article. A city governmental entity that is a direct or indirect party 36 to a contract may establish in its specifications a requirement that, in 37 performing the work, the contractor and its subcontractors utilize a 38 minimum ratio of apprentices to journey-level workers, as established by 39 the governmental entity but subject to any maximum ratio established by 40 the department, for any classification appropriate for the type and 41 scope of work to be performed, provided that no such minimum ratio shall 42 be established for labor performed pursuant to a construction contract. 43 Whenever utilizing [this requirement] these requirements, the govern- 44 mental entity may, in addition to whatever considerations are required 45 by law, consider the degree to which career opportunities in apprentice- 46 ship training programs approved by the commissioner may be provided. 47 § 6. Notwithstanding any provision of law to the contrary, any city- 48 affiliated not-for-profit corporation, as such term is defined in 49 section 3501 of the New York city charter, is authorized to establish 50 employment goals in accordance with the program established pursuant to 51 section 3502 of such charter, including but not limited to employment 52 goals established pursuant to paragraph 7 of subdivision a of such 53 section and the corresponding best efforts provisions set forth in 54 subdivision d of such section; provided, however, that where a provision 55 of such section requires action by the director of the office of commu- 56 nity hiring and workforce development of the city of New York, suchS. 7387--B 11 1 action shall not be taken by the director of the office of community 2 hiring and workforce development but shall be taken by the chief execu- 3 tive officer of such corporation, or a duly appointed designee. 4 § 7. Section 1728 of the public authorities law is amended by adding a 5 new subdivision 15-a to read as follows: 6 15-a. To establish employment goals in accordance with the program 7 established pursuant to section thirty-five hundred two of the New York 8 city charter, including but not limited to employment goals established 9 pursuant to paragraph seven of subdivision a and the corresponding best 10 efforts provisions set forth in subdivision d of such section; provided, 11 however, that where a provision of such section requires action by the 12 director of the office of community hiring and workforce development, 13 such action shall not be taken by the director of the office of communi- 14 ty hiring and workforce development but shall be taken by the president 15 of the authority or his or her designee; 16 § 8. Section 5 of section 1 of chapter 1016 of the laws of 1969, 17 constituting the New York city health and hospitals corporation act, is 18 amended by adding a new subdivision 20-a to read as follows: 19 20-a. To establish employment goals in accordance with the program 20 established pursuant to section 3502 of the New York city charter, 21 including but not limited to employment goals established pursuant to 22 paragraph 7 of subdivision a and the corresponding best efforts 23 provisions set forth in subdivision d of such section; provided, howev- 24 er, that where a provision of such section requires action by the direc- 25 tor of the office of community hiring and workforce development, such 26 action shall not be taken by the director of the office of community 27 hiring and workforce development but shall be taken by a duly appointed 28 designee of the corporation; and 29 § 9. No provision of this act shall be construed to invalidate any 30 provision of a project labor agreement, as such term is defined in 31 section 3501 of the New York city charter, as added by section two of 32 this act, or otherwise affect the contractual rights of any party to 33 such an agreement. 34 § 10. Severability. If any clause, sentence, paragraph, or section of 35 this act is declared invalid or unconstitutional by any court of compe- 36 tent jurisdiction, after exhaustion of all further judicial review, such 37 portion shall be deemed severable, and the court's judgment shall not 38 affect, impair, or invalidate the remainder of this act, but shall be 39 confined in its operation to the clause, sentence, paragraph, or section 40 of this act directly involved in the controversy in which the judgment 41 was rendered. 42 § 11. This act shall take effect on the one hundred eightieth day 43 after it shall have become a law; provided that: 44 (a) sections one, two, four, five, six, seven, eight, and nine of this 45 act shall expire and be deemed repealed five years after the effective 46 date of this act, provided that such expiration and repeal shall not 47 affect any transaction, as such term is defined by section 3501 of the 48 New York city charter, as added by section two of this act, entered into 49 or for which a solicitation was released prior to such expiration and 50 repeal, or to any renewals, extensions, modifications, or amendments to 51 such transaction; and 52 (b) the amendments to paragraph a of subdivision 36 of section 2590-h 53 of the education law made by section three of this act shall not affect 54 the expiration of such subdivision and section pursuant to section 34 of 55 chapter 91 of the laws of 2002 and subdivision 12 of section 17 of chap- 56 ter 345 of the laws of 2009, as amended, and shall expire and be deemedS. 7387--B 12 1 repealed therewith, or five years after this act takes effect, whichever 2 occurs earlier, provided that such expiration and repeal shall not 3 affect any transaction entered into or for which a solicitation was 4 released prior to such expiration and repeal, or to any renewals, exten- 5 sions, modifications, or amendments to such transaction. 6 Effective immediately, the addition, amendment and/or repeal of any 7 rule or regulation necessary for the implementation of this act on its 8 effective date are authorized to be made and completed on or before such 9 effective date by the director of the office of community hiring and 10 workforce development of the city of New York, the chancellor and the 11 city board of the city school district of the city of New York, the 12 president of the New York city school construction authority, the duly 13 appointed designee of the New York city health and hospitals corpo- 14 ration, the chief executive officer of the New York city industrial 15 development agency, and the chief executive officer of any city-affili- 16 ated not-for-profit corporation, as such term is defined by section 3501 17 of the New York city charter, as added by section two of this act.