Bill Text: NY S07764 | 2021-2022 | General Assembly | Introduced
Bill Title: Amends membership on the construction industry advisory council on public contracting reform; repeals provisions after two years.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2022-02-24 - SIGNED CHAP.98 [S07764 Detail]
Download: New_York-2021-S07764-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 7764 IN SENATE January 11, 2022 ___________ Introduced by Sen. COMRIE -- read twice and ordered printed, and when printed to be committed to the Committee on Rules AN ACT to amend a chapter of the laws of 2021 establishing a construction industry advisory council on public contracting reform, as proposed in legislative bills numbers S. 4323-C and A. 6232-C, in relation to the membership of such committee 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. Sections 1, 2, 3, 9 and 11 of a chapter of the laws of 2021 2 establishing a construction industry advisory council on public 3 contracting reform, as proposed in legislative bills numbers S. 4323-C 4 and A. 6232-C, are amended to read as follows: 5 Section 1. Legislative intent. [The legislature finds that6construction contractors often face significant challenges when bidding7and working on public works projects in New York state. Often, the8inclusion of onerous or inequitable contract terms and conditions9governing issues such as contractor payment, job delays and dispute10resolution, can place an unfair burden on contractors in public works11projects. Furthermore, the legislature finds that many prior, piecemeal12attempts to address these inequities through individual approaches have13proven unsuccessful, and therefore a more equitable and comprehensive14approach is warranted. The legislature also finds that current ineffi-15ciencies in the public contracting process are responsible for driving16up the cost of construction, making New York a less competitive place to17engage in such work in relation to other states, which in turn harms the18New York state economy and costs jobs.19Therefore, it] It is the intent of the legislature to establish [an] a 20 temporary independent advisory council charged with (a) studying the 21 current public contracting process; and (b) adopting recommendations, 22 best practices and legislative proposals in order to reform and improve 23 the current state public contracting process, by making it fairer, 24 predictable and equitable for all parties involved. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD08796-08-2S. 7764 2 1 § 2. There is hereby created a temporary construction industry advi- 2 sory council on public contracting reform (the "advisory council"), 3 which shall consider and advise on matters concerning the improvement of 4 the current public works contracting process in New York state. 5 § 3. The advisory council shall consist of [the following] twenty- 6 three members. The members shall include twelve members appointed by the 7 governor as follows: [three] five members representing the various state 8 agencies and authorities, [two members upon the recommendation of the9speaker of the assembly, one member upon recommendation of the minority10leader of the assembly, two members upon the recommendation of the11temporary president of the senate, one member upon the recommendation of12the minority leader of the senate, one member upon the recommendation of13the comptroller, three members representing general contractors in the14construction industry, three members representing subcontractors in the15construction industry, three members representing employee trade coun-16cils in the construction industry and two members representing minority17and women business-owned enterprise contractors. Appointments] including 18 the commissioner of labor or his or her designee, two members represent- 19 ing minority- and women-owned business enterprises, one member repres- 20 enting service-disabled veteran-owned business enterprises, two members 21 representing subcontractors in the construction industry, one member 22 representing employee trade councils, and one member representing gener- 23 al contractors in the construction industry; four members upon the 24 recommendation of the temporary president of the senate, to include one 25 member representing minority- and women-owned business enterprises, one 26 member representing general contractors in the construction industry, 27 one member representing subcontractors in the construction industry, and 28 one member representing employee trade councils; four members upon the 29 recommendation of the speaker of the assembly, to include one member 30 representing minority- and women-owned business enterprises, one member 31 representing general contractors in the construction industry, one 32 member representing subcontractors in the construction industry, and one 33 member representing employee trade councils; one member upon the recom- 34 mendation of the minority leader of the senate; one member upon the 35 recommendation of the minority leader of the assembly; and one member 36 upon the recommendation of the comptroller. To the extent possible 37 appointments shall be made within 60 days of the effective date of this 38 act. Vacancies in the advisory council shall be filled in the same 39 manner. 40 § 9. No later than 365 days after the effective date of this act, the 41 advisory council shall, by a majority, issue a report of its findings, 42 including any recommendations for legislative, executive or regulatory 43 action as it may deem necessary and appropriate, and suggest best prac- 44 tices for a [more] fair and efficient public works contracting process 45 by addressing the subject matters specified in section [8] eight of this 46 act. The report shall also include a summary of the positions advanced 47 by the members of the advisory council regarding these subject matters. 48 The advisory council shall terminate 60 days after the date on which it 49 submits its report as required by this section. 50 § 11. This act shall take effect immediately and shall expire and be 51 deemed repealed two years after such effective date. 52 § 2. This act shall take effect on the same date and in the same 53 manner as a chapter of the laws of 2021 establishing a construction 54 industry advisory council on public contracting reform, as proposed in 55 legislative bills numbers S. 4323-C and A. 6232-C, takes effect.