Bill Text: NY S07387 | 2023-2024 | General Assembly | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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-Introduced.html
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-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 7387 2023-2024 Regular Sessions IN SENATE May 22, 2023 ___________ Introduced by Sen. PARKER -- (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 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 providing for employment opportunities for economically disadvantaged candidates and econom- ically 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- 16 taged candidates and qualified candidates from economically disadvan- 17 taged regions. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD11271-01-3S. 7387 2 1 § 2. The New York city charter is amended by adding a new chapter 79 2 to read as follows: 3 CHAPTER 79 4 COMMUNITY HIRING AND WORKFORCE DEVELOPMENT 5 § 3501. Definitions. As used in this chapter, the following terms 6 shall have the following meanings: 7 Absorption hire. The term "absorption hire" means an individual who 8 fills a building service opportunity and who: 9 (1) was employed to perform building service work within the preceding 10 six months at the same facility to which such individual is assigned; or 11 (2) fills such building service opportunity as a result of a reassign- 12 ment by a contractor or subcontractor, as applicable, due to a displace- 13 ment caused by the closure of another facility, a staffing reduction at 14 another facility, or any other similar event. 15 Apprentice. The term "apprentice" means an individual who is receiving 16 training and performing labor pursuant to an apprenticeship agreement. 17 Apprenticeship agreement. The term "apprenticeship agreement" means an 18 agreement, as such term is defined by section eight hundred sixteen of 19 the labor law, that has been registered with, and approved by, the 20 commissioner of labor of the state of New York pursuant to article twen- 21 ty-three of the labor law. 22 Building service opportunity. The term "building service opportunity" 23 means an employment opportunity to perform building service work. 24 Building service opportunity labor hour. The term "building service 25 opportunity labor hour" means a labor hour performed by an individual 26 employed to fill a building service opportunity. 27 Building service work. The term "building service work" means the 28 classifications of labor that the applicable fiscal officer has identi- 29 fied as consistent with section two hundred thirty of the labor law, 30 regardless of whether such labor constitutes building service work for 31 which workers are entitled to prevailing wage pursuant to article nine 32 of the labor law. 33 City-affiliated not-for-profit corporation. The term "city-affiliated 34 not-for-profit corporation" means a local development corporation or 35 other not-for-profit corporation, a majority of whose members are 36 appointed by the mayor. 37 Construction. The term "construction" means: 38 (1) any labor of a type that the applicable fiscal officer, as defined 39 in paragraph e of subdivision five of section two hundred twenty of the 40 labor law, has identified in a published schedule as a classification of 41 work performed by laborers, workmen or mechanics, regardless of whether 42 such labor constitutes public work pursuant to such section; and 43 (2) any additional types of labor identified by the director by rule, 44 provided that such labor shall not include building service work. 45 Contractor. The term "contractor" means an individual, company, corpo- 46 ration, partnership, or other entity that has entered into a transaction 47 with the city, including but not limited to vendors providing human 48 services, standard services, professional services, construction-related 49 services, and construction, as such terms are defined by rules of the 50 procurement policy board, to the city, except that the term "contractor" 51 does not include: 52 (1) any governmental entity; or 53 (2) any labor organization. 54 Director. The term "director" means the director of the office of 55 community hiring and workforce development or his or her designee.S. 7387 3 1 Economically disadvantaged candidate. The term "economically disadvan- 2 taged candidate" means an individual: 3 (1) whose income or household income falls below an applicable quanti- 4 tative threshold determined by the director, provided that such income 5 shall not include any types of public benefits provided by the federal 6 government or a state or local government and identified by the direc- 7 tor; and 8 (2) who is certified as meeting all applicable requirements. 9 Economically disadvantaged region. The term "economically disadvan- 10 taged region" means an area, represented by its ZIP code, in which at 11 least fifteen percent of residents have household incomes below the 12 federal poverty threshold. 13 Economically disadvantaged region candidate. The term "economically 14 disadvantaged region candidate" means an individual who is certified as 15 meeting all applicable requirements and who is a: 16 (1) resident of an address within an economically disadvantaged 17 region; 18 (2) resident of a building that is: 19 (i) owned or operated by the New York city housing authority; and 20 (ii) subject to section nine of the United States Housing Act of nine- 21 teen hundred thirty-seven, as amended; or 22 (3) resident of a dwelling unit that is: 23 (i) subject to a regulatory agreement with a federal, state or local 24 government agency requiring that occupancy of such unit be restricted 25 based on the income of the occupants; and 26 (ii) located in a building that was previously operated by the New 27 York city housing authority, was previously subject to section nine of 28 the United States Housing Act of nineteen hundred thirty-seven, as 29 amended, and is subject to section eight of such act. 30 Employment opportunity. The term "employment opportunity" means a 31 vacancy in a position to perform services under a transaction. 32 Exempt transaction. The term "exempt transaction" includes any: 33 (1) contract procured pursuant to section one hundred sixty-two of the 34 state finance law; 35 (2) contract for the performance of services by a city-affiliated 36 not-for-profit corporation; 37 (3) contract the principal purpose of which is the supply of goods, 38 except that the term "exempt transaction" shall not include any trans- 39 action the principal purpose of which is delivery services; 40 (4) contract in an amount below the small purchase threshold set 41 pursuant to the authority and procedure set forth in subdivision a of 42 section three hundred fourteen of this charter; 43 (5) contract for confidential or investigative services or any other 44 type of contract excluded by a rule adopted by the director based on a 45 determination that the application of goals under this program would 46 substantially undermine the primary objective of that type of contract; 47 (6) contract subject to federal or state funding requirements that 48 preclude or substantially conflict with the application of goals under 49 this program; 50 (7) contract for emergency demolition services procured by the depart- 51 ment of housing preservation and development pursuant to the procedure 52 set forth in section three hundred fifteen of this charter; or 53 (8) contract for which contractor selection is made by an elected 54 official other than the mayor or an agency other than a mayoral agency, 55 except as otherwise provided by rule by the director.S. 7387 4 1 Labor organization. The term "labor organization" has the meaning 2 provided in section one hundred fifty-two of title twenty-nine of the 3 United States code, or any successor provision. 4 Mayoral agency. The term "mayoral agency" includes: 5 (1) any agency the head of which is appointed by the mayor; 6 (2) any agency headed by a board, commission, or other multi-member 7 body, the majority of the membership of which is appointed by the mayor; 8 and 9 (3) the office of the mayor. 10 Project labor agreement. The term "project labor agreement" means a 11 pre-hire collective bargaining agreement entered into between the city 12 and a bona fide building and construction trade labor organization 13 establishing the labor organization or its affiliates as the collective 14 bargaining representative for all persons who will perform construction 15 work on a transaction, provided such agreement: 16 (1) provides that only contractors and subcontractors who sign a pre- 17 negotiated agreement with the labor organization can perform such work 18 on such transaction; and 19 (2) includes goals for the employment of qualified economically disad- 20 vantaged region candidates to perform such work. 21 Referral source. The term "referral source" means an individual, 22 company, corporation, partnership, agency, union referral system, or 23 other entity selected pursuant to paragraph three of subdivision a of 24 section thirty-five hundred two of this chapter to make referrals of 25 candidates to contractors, prospective contractors, subcontractors, and 26 prospective subcontractors for the purposes of meeting the applicable 27 employment goals set forth in such section; provided that any union 28 referral system shall be deemed an approved referral source for the 29 purposes of paragraph three of subdivision a of section thirty-five 30 hundred two of this chapter. 31 Subcontractor. The term "subcontractor" means an individual, company, 32 corporation, partnership or other entity that has entered into an agree- 33 ment with a contractor or another subcontractor in order to perform 34 services or any other obligation under a transaction, provided that such 35 agreement involves the performance of construction work of any value, or 36 the total dollar value of such agreement exceeds twenty thousand 37 dollars, and further provided that the term "subcontractor" does not 38 include: 39 (1) employees; 40 (2) governmental entities; 41 (3) microbusinesses, other than microbusinesses performing 42 construction work under a transaction; or 43 (4) labor organizations. 44 Transaction. The term "transaction" means a procurement contract, 45 except that the term "transaction" shall not include any exempt trans- 46 action. 47 Union referral system. The term "union referral system" means a labor 48 organization that has an affiliated registered apprentice program with 49 direct entry access from one or more pre-apprentice programs that are 50 compliant with United States department of labor and New York state 51 department of labor regulations, as well as any labor organization with 52 an affiliated community recruitment program. 53 § 3502. Office of community hiring and workforce development. a. 54 Office established. The mayor shall establish an office of community 55 hiring and workforce development. Such office may be established as a 56 separate office or within any department the head of which is appointedS. 7387 5 1 by the mayor. The office of community hiring and workforce development 2 shall be headed by a director who shall be appointed by the mayor or 3 head of such department. The director shall, as the director deems 4 appropriate, adopt rules consistent with the purpose of this chapter 5 relating to employment goals on transactions, including rules: 6 (1) requiring contractors and subcontractors to agree to publicly 7 disclose employment opportunities; 8 (2) establishing a procedure for the certification of individuals as 9 economically disadvantaged candidates, economically disadvantaged region 10 candidates, or both, provided that such certification procedure shall, 11 to the extent the director deems feasible, use data sources and adminis- 12 trative processes established or maintained by the city for other 13 programs or operations in order to minimize administrative burdens on 14 contractors, subcontractors, and individuals; 15 (3) establishing a procedure by which the director shall identify and 16 deem union referral systems as referral sources and may approve other 17 referral sources for the purposes of this section, whereby the director 18 shall: 19 (i) publicly release a referral source solicitation that includes a 20 description of functions of a referral source, the manner in which 21 responses must be submitted, and the criteria by which responding enti- 22 ties will be approved, and authorize one or more entities, as appropri- 23 ate, to function as referral sources, based on the criteria included in 24 the solicitation; 25 (ii) authorize an agency in writing to function as a referral source; 26 or 27 (iii) authorize, in writing, an entity engaged pursuant to an agree- 28 ment with an agency for employment recruitment services or other work- 29 force development services to function as a referral source; 30 (4) establishing a procedure through which the director may provide 31 information regarding referral sources to contractors, subcontractors, 32 prospective contractors, and prospective subcontractors; 33 (5) establishing a procedure by which the director shall monitor and 34 criteria by which the director shall evaluate the performance of each 35 referral source on an annual basis, and where the director determines 36 that a referral source has performed inadequately, terminate or suspend 37 the referral source; 38 (6) requiring contractors to agree to make best efforts to employ 39 qualified economically disadvantaged region candidates in order to meet 40 employment goals relating to building service work based on: 41 (i) the percentage of building service opportunities filled by econom- 42 ically disadvantaged region candidates, provided that in calculating 43 such goals, absorption hires shall not be considered; or 44 (ii) the percentage of building service opportunity labor hours 45 performed by economically disadvantaged region candidates, provided that 46 in calculating such goals, building service opportunity labor hours 47 performed by absorption hires shall not be considered; 48 (7) requiring contractors and subcontractors to agree to make best 49 efforts to employ qualified economically disadvantaged region candidates 50 to perform no less than thirty percent of the cumulative hours of 51 construction labor on transactions involving construction work, and 52 additionally requiring, to the extent feasible consistent with the maxi- 53 mum ratios of apprentices to journey-level workers established by the 54 New York state department of labor, that such contractors and subcon- 55 tractors agree to make best efforts to employ apprentices who are quali- 56 fied economically disadvantaged region candidates to perform no lessS. 7387 6 1 than nine percent of such cumulative hours of construction labor, 2 provided that labor performed by apprentices who are qualified econom- 3 ically disadvantaged region candidates shall be credited towards the 4 achievement of both employment goals set forth in this paragraph, and 5 further provided that prior to releasing a solicitation for a trans- 6 action or otherwise initiating a process for entering into a trans- 7 action, as applicable, the director may waive such requirements where 8 the director determines in writing that such waiver is in the best 9 interest of the city; 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 to establish factors by which goals 46 described in paragraphs six, eight, and nine of this subdivision will be 47 established for individual transactions, including: 48 (A) the scope of the transaction; 49 (B) the availability of qualified economically disadvantaged candi- 50 dates and economically disadvantaged region candidates; 51 (C) the nature of any employment opportunities that the director 52 expects will result from the transaction; and 53 (D) any other similar factors. 54 (ii) prior to setting a goal pursuant to this subdivision for an indi- 55 vidual transaction, the agency entering into the transaction shallS. 7387 7 1 consider the goals set for previous, similar transactions and whether 2 such goals were appropriate for such transactions. 3 b. Lists of economically disadvantaged regions. No later than ninety 4 days after the effective date of this section, and at least once during 5 each twelve-month period thereafter, the director shall publish a report 6 including an updated list of all economically disadvantaged regions 7 within a radius of one hundred miles of the city or all such econom- 8 ically disadvantaged regions within the metropolitan area. Nothing shall 9 preclude an individual whose residence is within an economically disad- 10 vantaged region that is not included in such list from qualifying as an 11 economically disadvantaged region candidate for the purposes of goals 12 set forth under this section. 13 c. Reporting. No later than one hundred eighty days after the effec- 14 tive date of this section and each quarter thereafter, the office of 15 community hiring and workforce development shall publish a report on a 16 website maintained or controlled by the city, pursuant to rules adopted 17 by the director, that shall include, for each transaction subject to a 18 goal established pursuant to paragraph six, seven, or eight of subdivi- 19 sion a of this section, information demonstrating the corresponding 20 contractor's progress towards meeting such goal and, if applicable, any 21 subcontractor's progress towards meeting any goal established pursuant 22 to paragraph seven or nine of subdivision a of this section, and aggre- 23 gate information regarding the demographics and compensation of econom- 24 ically disadvantaged region candidates, economically disadvantaged 25 candidates, and apprentices who are economically disadvantaged region 26 candidates, as applicable, relative to all individuals employed by such 27 contractor and, if applicable, subcontractors on such transaction. In 28 compiling this report, the director shall, to the extent he or she deems 29 feasible, use data sources established or maintained by the city for 30 other programs or operations in order to minimize administrative burdens 31 on contractors and subcontractors, provided that where the director 32 determines that such data sources cannot be used to complete such 33 report, the director may adopt rules requiring contractors and subcon- 34 tractors to provide such additional data necessary to complete this 35 report, and to certify the accuracy of such additional information. 36 Nothing in this subdivision shall be interpreted to authorize the direc- 37 tor to promulgate rules requiring labor organizations to provide infor- 38 mation on a regular basis to complete such reports. 39 d. Best efforts. (1) In determining whether a contractor or subcon- 40 tractor has exercised best efforts to meet the employment goals estab- 41 lished pursuant to subdivision a of this section, the director shall 42 consider the degree to which the contractor or subcontractor has endeav- 43 ored: 44 (i) to review economically disadvantaged region candidates' and 45 economically disadvantaged candidates' qualifications, as applicable, in 46 good faith; 47 (ii) to advertise employment opportunities, as applicable, in a manner 48 reasonably intended to attract qualified economically disadvantaged 49 candidates or economically disadvantaged region candidates, except that 50 contractors and subcontractors performing construction work pursuant to 51 a project labor agreement shall not be required to advertise employment 52 opportunities for construction work; 53 (iii) to coordinate with referral sources or apprenticeship programs, 54 as applicable, in order to employ such candidates identified by such 55 referral sources or apprenticeship programs, provided that for contrac- 56 tors and subcontractors performing construction work pursuant to aS. 7387 8 1 project labor agreement, the director shall only consider the degree to 2 which the contractor or subcontractor has endeavored to meet such goals 3 by complying with the referral provisions of such project labor agree- 4 ment; 5 (iv) to review and organize the work under the transaction in order to 6 eliminate obstacles to meeting such employment goals; 7 (v) to monitor and to document the contractor's or subcontractor's 8 efforts to meet the employment goals; 9 (vi) to contact the office of community hiring and workforce develop- 10 ment at routine intervals, or as otherwise required by rule, to inform 11 the director of the contractor's or subcontractor's efforts to meet the 12 employment goals; and 13 (vii) to take all other commercially reasonable actions to meet the 14 employment goals. 15 (2) In order to exercise best efforts, neither contractors nor subcon- 16 tractors are required: 17 (i) to undertake an undue financial burden; 18 (ii) to terminate or substantially reduce the work levels of any of a 19 contractor's or subcontractor's existing employees; 20 (iii) to extend an offer of employment to an individual whose labor 21 would not be commercially useful; or 22 (iv) to forgo filling building service opportunities with absorption 23 hires. 24 e. Discretionary application of goals. Notwithstanding any other 25 provision of this section, employment goals authorized under paragraphs 26 six, seven, eight and nine of subdivision a of this section may, but are 27 not required to be, established for transactions that are emergency 28 procurement contracts procured pursuant to the procedure set forth in 29 section three hundred fifteen of this charter. 30 f. Adjustment of construction goals. (1) On a biannual basis, the 31 director shall review and thereafter may promulgate rules increasing or 32 decreasing the value of the employment goals established under paragraph 33 seven of subdivision a of this section. Such amended goals shall apply 34 to transactions solicited or entered into after the promulgation of such 35 rules, provided that such amended goals shall not apply to transactions 36 subject to a project labor agreement. 37 (2) If the city enters into a project labor agreement and such project 38 labor agreement includes numerical goals that are greater or lesser in 39 value than the goals set forth in paragraph seven of subdivision a of 40 this section, such numerical goals set forth in such project labor 41 agreement shall apply to transactions subject to such project labor 42 agreement and shall supersede the numerical goals set forth in such 43 paragraph. 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:S. 7387 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 two of this charter; 8 § 4. Subparagraphs (x) and (xi) of paragraph a of subdivision 36 of 9 section 2590-h of the education law, as amended by chapter 98 of the 10 laws of 2019, are amended and two new subparagraphs (xii) and (xiii) are 11 added to read as follows: 12 (x) a process for emergency procurement in the case of an unforeseen 13 danger to life, safety, property or a necessary service provided that 14 such procurement shall be made with such competition as is practicable 15 under the circumstances and that a written determination of the basis 16 for the emergency procurement shall be required and filed with the comp- 17 troller of the city of New York when such emergency contract is filed 18 with such comptroller; [and] 19 (xi) procedures for the fair and equitable resolution of contract 20 disputes[.] ; 21 (xii) employment goals established in accordance with the program 22 established pursuant to section thirty-five hundred two of the New York 23 city charter, including but not limited to employment goals established 24 pursuant to paragraph seven of subdivision a and the corresponding best 25 efforts provisions set forth in subdivision d of such section; provided, 26 however, that where a provision of such section requires action by the 27 director of the office of community hiring and workforce development, 28 such action shall not be taken by the director of the office of communi- 29 ty hiring and workforce development but shall be taken by the chancellor 30 or his or her designee; and 31 (xiii) a quantitative factor to be used in the evaluation of bids, 32 proposals or other offers for the purposes of awarding of contracts 33 based on a bidder, proposer or other offerer's capacity to meet or 34 exceed goals established pursuant to subparagraph (xii) of this para- 35 graph. 36 § 5. Subdivision (c) of section 917 of the general municipal law, as 37 separately amended by chapter 1082 of the laws of 1974 and chapter 239 38 of the laws of 2001, is amended to read as follows: 39 (c) For the benefit of the city and the inhabitants thereof an indus- 40 trial development agency, to be known as the New York City Industrial 41 Development Agency, is hereby established for the accomplishment of any 42 or all of the purposes specified in title one of article eighteen-A of 43 this chapter, except that it shall not have the power to construct or 44 rehabilitate any residential facility or housing of any nature and kind 45 whatsoever, nor shall it use any of its funds to further the 46 construction or rehabilitation of any residential facility or housing of 47 any nature and kind whatsoever. It shall constitute a body corporate and 48 politic, and be perpetual in duration. It shall only have the powers and 49 duties conferred by title one of article eighteen-A of this chapter upon 50 industrial development agencies as of January 1, 1973 except that it 51 shall have the power to finance a rail freight facility and the power to 52 establish employment goals in accordance with the program established 53 pursuant to section thirty-five hundred two of the New York city char- 54 ter, including but not limited to employment goals established pursuant 55 to paragraph seven of subdivision a and the corresponding best efforts 56 provisions set forth in subdivision d of such section; provided, howev-S. 7387 10 1 er, that where a provision of such section requires action by the direc- 2 tor of the office of community hiring and workforce development, such 3 action shall not be taken by the director of the office of community 4 hiring and workforce development but shall be taken by the chief execu- 5 tive officer of the agency or his or her designee, and it shall not have 6 the power of condemnation. In the exercise of the powers conferred upon 7 such agency with respect to the acquisition of real property by article 8 eighteen-A of this chapter such agency shall be limited to the geograph- 9 ical jurisdictional limits of the city. 10 § 6. Section 816-b of the labor law, as added by chapter 571 of the 11 laws of 2001, is amended to read as follows: 12 § 816-b. Apprenticeship participation on [construction] certain 13 governmental contracts. 1. For purposes of this section: 14 (a) "governmental entity" shall mean the state, any state agency, as 15 that term is defined in section two-a of the state finance law, munici- 16 pal corporation, commission appointed pursuant to law, school district, 17 district corporation, board of education, board of cooperative educa- 18 tional services, soil conservation district, and public benefit corpo- 19 ration; [and] 20 (b) "construction contract" shall mean any contract to which a govern- 21 mental entity may be a direct or indirect party which involves the 22 design, construction, reconstruction, improvement, rehabilitation, main- 23 tenance, repair, furnishing, equipping of or otherwise providing for any 24 building, facility or physical structure of any kind; and 25 (c) "city governmental entity" shall mean a governmental entity that 26 is (i) a city with a population of one million or more inhabitants; or 27 (ii) a city school district or public benefit corporation operating 28 primarily within a city with a population of one million or more inhab- 29 itants. 30 2. Notwithstanding any other provision of this article, of section one 31 hundred three of the general municipal law, of section one hundred thir- 32 ty-five of the state finance law, of section one hundred fifty-one of 33 the public housing law, or of any other general, special or local law or 34 administrative code, in entering into any construction contract, a 35 governmental entity [which] that is to be a direct or indirect party to 36 such contract may require that any contractors and subcontractors have, 37 prior to entering into such contract, apprenticeship agreements appro- 38 priate for the type and scope of work to be performed, that have been 39 registered with, and approved by, the commissioner pursuant to the 40 requirements found in this article. A city governmental entity that is 41 a direct or indirect party to a contract, including but not limited to a 42 construction contract, may establish in its specifications a requirement 43 that, in performing the work, the contractor and its subcontractors 44 utilize a minimum ratio of apprentices to journey-level workers, as 45 established by the governmental entity but subject to any maximum ratio 46 established by the department, for any classification appropriate for 47 the type and scope of work to be performed, provided that no such mini- 48 mum ratio shall be established for labor performed pursuant to a 49 construction contract subject to a goal for the employment of appren- 50 tices who reside in economically disadvantaged regions. Whenever utiliz- 51 ing [this requirement] these requirements, the governmental entity may, 52 in addition to whatever considerations are required by law, consider the 53 degree to which career opportunities in apprenticeship training programs 54 approved by the commissioner may be provided. 55 § 7. Notwithstanding any provision of law to the contrary, any city- 56 affiliated not-for-profit corporation, as such term is defined inS. 7387 11 1 section 3501 of the New York city charter, is authorized to establish 2 employment goals in accordance with the program established pursuant to 3 section 3502 of such charter, including but not limited to employment 4 goals established pursuant to paragraph 7 of subdivision a of such 5 section and the corresponding best efforts provisions set forth in 6 subdivision d of such section; provided, however, that where a provision 7 of such section requires action by the director of the office of commu- 8 nity hiring and workforce development of the city of New York, such 9 action shall not be taken by the director of the office of community 10 hiring and workforce development but shall be taken by the chief execu- 11 tive officer of such corporation, or a duly appointed designee. 12 § 8. Section 1728 of the public authorities law is amended by adding a 13 new subdivision 15-a to read as follows: 14 15-a. To establish employment goals in accordance with the program 15 established pursuant to section thirty-five hundred two of the New York 16 city charter, including but not limited to employment goals established 17 pursuant to paragraph seven of subdivision a and the corresponding best 18 efforts provisions set forth in subdivision d of such section; provided, 19 however, that where a provision of such section requires action by the 20 director of the office of community hiring and workforce development, 21 such action shall not be taken by the director of the office of communi- 22 ty hiring and workforce development but shall be taken by the president 23 of the authority or his or her designee; 24 § 9. The opening paragraph of paragraph d of subdivision 5 of section 25 1734 of the public authorities law, as added by chapter 738 of the laws 26 of 1988, is amended to read as follows: 27 the authority determines that it is in the public interest to award 28 contracts pursuant to a process for competitive requests for proposals 29 as hereinafter set forth. For purposes of this section, a process for 30 competitive requests for proposals shall mean a method of soliciting 31 proposals and awarding a contract on the basis of a formal evaluation of 32 the characteristics, such as quality, cost, delivery schedule, the 33 capacity to meet or exceed the goals set forth in subdivision fifteen-a 34 of section seventeen hundred twenty-eight of this title and financing of 35 such proposals against stated selection criteria. Public notice of the 36 requests for proposals shall be given in the same manner as provided in 37 subdivision three of this section and shall include the selection crite- 38 ria. In the event the authority makes a material change in the selection 39 criteria from those previously stated in the notice, it will inform all 40 proposers of such change and permit proposers to modify their proposals. 41 § 10. Section 5 of section 1 of chapter 1016 of the laws of 1969, 42 constituting the New York city health and hospitals corporation act, is 43 amended by adding a new subdivision 20-a to read as follows: 44 20-a. To establish employment goals in accordance with the program 45 established pursuant to section 3502 of the New York city charter, 46 including but not limited to employment goals established pursuant to 47 paragraph 7 of subdivision a and the corresponding best efforts 48 provisions set forth in subdivision d of such section; provided, howev- 49 er, that where a provision of such section requires action by the direc- 50 tor of the office of community hiring and workforce development, such 51 action shall not be taken by the director of the office of community 52 hiring and workforce development but shall be taken by a duly appointed 53 designee of the corporation; and 54 § 11. Section 8 of section 1 of chapter 1016 of the laws of 1969, 55 constituting the New York city health and hospitals corporation act, is 56 amended by adding a new subdivision 1-a to read as follows:S. 7387 12 1 1-a. Notwithstanding any other provision in this act, the corporation 2 may establish a quantitative factor to be used in the evaluation of bids 3 for the purposes of awarding of contracts based on a bidder's capacity 4 to meet or exceed goals established pursuant to subdivision 20-a of 5 section five of this act; 6 § 12. Subdivision b of section 2 of chapter 749 of the laws of 2019, 7 constituting the New York city public works investment act, is amended 8 by adding a new paragraph 12-a to read as follows: 9 (12-a) A quantitative factor to be used in the evaluation of bids or 10 offers for awarding of contracts based on a bidder or offerer's capacity 11 to meet or exceed goals established pursuant to subdivision a of section 12 3502 of the New York city charter; 13 § 13. No provision of this act shall be construed to invalidate any 14 provision of a project labor agreement, as such term is defined in 15 section 3501 of the New York city charter, as added by section two of 16 this act, or otherwise affect the contractual rights of any party to 17 such an agreement. 18 § 14. Severability. If any clause, sentence, paragraph, or section of 19 this act is declared invalid or unconstitutional by any court of compe- 20 tent jurisdiction, after exhaustion of all further judicial review, such 21 portion shall be deemed severable, and the court's judgment shall not 22 affect, impair, or invalidate the remainder of this act, but shall be 23 confined in its operation to the clause, sentence, paragraph, or section 24 of this act directly involved in the controversy in which the judgment 25 was rendered. 26 § 15. This act shall take effect on the one hundred eightieth day 27 after it shall have become a law; provided that: 28 (a) sections one, two, three, five, six, seven, eight, nine, ten, 29 eleven, thirteen and fourteen of this act shall expire and be deemed 30 repealed seven years after the effective date of this act, provided that 31 such expiration and repeal shall not affect any transaction, as such 32 term is defined by section 3501 of the New York city charter, as added 33 by section two of this act, entered into or for which a solicitation was 34 released prior to such expiration and repeal, or to any renewals, exten- 35 sions, modifications, or amendments to such transaction; 36 (b) the amendments to paragraph a of subdivision 36 of section 2590-h 37 of the education law made by section four of this act shall not affect 38 the expiration of such subdivision and section pursuant to section 34 of 39 chapter 91 of the laws of 2002 and subdivision 12 of section 17 of chap- 40 ter 345 of the laws of 2009, as amended, and shall expire and be deemed 41 repealed therewith, or seven years after this act takes effect, whichev- 42 er occurs earlier, provided that such expiration and repeal shall not 43 affect any transaction entered into or for which a solicitation was 44 released prior to such expiration and repeal, or to any renewals, exten- 45 sions, modifications, or amendments to such transaction; and 46 (c) the amendments to section 2 of the New York city public works 47 investment act made by section twelve of this act shall not affect the 48 expiration and repeal of such chapter pursuant to section 14 of such 49 chapter, as amended, and shall expire and be deemed repealed therewith, 50 or seven years after this act takes effect, whichever occurs earlier. 51 Effective immediately, the addition, amendment and/or repeal of any 52 rule or regulation necessary for the implementation of this act on its 53 effective date are authorized to be made and completed on or before such 54 effective date by the director of the office of community hiring and 55 workforce development of the city of New York, the chancellor and the 56 city board of the city school district of the city of New York, theS. 7387 13 1 president of the New York city school construction authority, the duly 2 appointed designee of the New York city health and hospital corporation, 3 the chief executive officer of the New York city industrial development 4 agency, and the chief executive officer of any city-affiliated not-for- 5 profit corporation, as such term is defined by section 3501 of the New 6 York city charter, as added by section two of this act.
