Allows Westchester county to require bidders for public works, construction or purchase contracts to hire and retain persons residing in certain targeted communities based on the combined average poverty rate and unemployment rate.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A4776
SPONSOR: Pretlow PURPOSE OR GENERAL IDEA OF BILL:
This legislation will allow municipalities in Westchester County with
disproportionately high rates of unemployment to obtain construction
jobs.
SUMMARY OF SPECIFIC PROVISIONS:
An amendment to General Municipal Law section 103(1): A County may
require the lowest responsible bidder for all contracts for public
works, construct and purchase contracts to hire and retain persons
residing in certain targeted communities having the highest rates of
unemployment within such county.
A targeted community is any city, town, village or census tract within a
municipality within a county where the combined average of the unemploy-
ment rate and the poverty rate of such community is greater than the
combined countywide average of unemployment and poverty rate by ten
percent. A county may require that at least ten percent of the labor
costs of construction contracts awarded by the county to the lowest
responsible bidder be spent to hire persons residing in the targeted
communities within that county.
If the combined average unemployment and poverty rate for a targeted
community is greater twenty percent of the combined countywide average
of unemployment rate and the poverty rate, then a county may require
that at least twenty percent of the labor costs of construction
contracts awarded must be spent to hire persons residing in the targeted
communities.
If the combined average community unemployment and poverty rate is
greater thirty percent of the combined countywide average of unemploy-
ment rate and the poverty rate, then a county may require that at least
thirty percent of the labor costs of the contract cost must be spent to
hire persons residing in the targeted communities. The combined average
unemployment rate and poverty rate shall be computed annually based on
statistics published by the New York State Bureau of Labor Statistics or
similar government agencies for the period ending December 31 of the
year preceding the year in which the contract in awarded. The combined
average unemployment rate and poverty rate shall be established annually
by resolution or local law of the county.
The combined average shall be the sum of the preceding year end unem-
ployment rate plus the preceding year end poverty rate divided by two.
A county may require the lowest responsible bidder to establish appren-
ticeship and training programs for workers residing within the targeted
communities in certain construction trades specified in a resolution or
local law of such county.
JUSTIFICATION:
This bill will allow the county of Westchester to provide employment in
communities that are faced with disproportionately high unemployment and
poverty. It's only right to provide opportunities for the poor and unem-
ployed. It's only right to uplift the people in the communities whom are
products of their environment. Investing in them will allow the economic
climate in that community to rise. This in turn will benefit everyone.
FISCAL IMPLICATIONS:
None to the State.
LEGISLATIVE HISTORY:
2021-2022A1797 Local Governments
2019-2020 A3268- local governments
04/19/18 A3887-B print number 3887b
01/09/13 referred to local governments
01/08/14 referred to local governments
01/20/15 A2793 referred to local governments
01/06/16 A2793 referred to local governments
EFFECTIVE DATE:
This act shall take effect on the thirtieth day after it shall have
become a law.
STATE OF NEW YORK
________________________________________________________________________
4776
2023-2024 Regular Sessions
IN ASSEMBLY
February 23, 2023
___________
Introduced by M. of A. PRETLOW -- read once and referred to the Commit-
tee on Local Governments
AN ACT to amend the general municipal law, in relation to allowing West-
chester county to require bidders for public works, construction or
purchase contracts to hire and retain persons residing in certain
targeted communities
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The general municipal law is amended by adding a new
2 section 103-h to read as follows:
3 § 103-h. Contracts for public works in Westchester county; targeted
4 communities. 1. For the purposes of this section, a "targeted community"
5 shall mean any city, town, or village or census tract within a munici-
6 pality, within a county where the combined average of the unemployment
7 rate and the poverty rate of such community is greater than the combined
8 countywide average of unemployment and poverty rate by ten percent.
9 2. Notwithstanding any provision of law, the county of Westchester may
10 require the lowest responsible bidder for all public works, construction
11 or purchase contracts to hire and retain persons residing in certain
12 targeted communities having the highest rates of unemployment within
13 such county.
14 3. The county may require that:
15 a. at least ten percent of the labor costs of construction contracts
16 awarded by the county be spent to hire persons residing in the targeted
17 communities within that county;
18 b. at least twenty percent of the labor costs of construction
19 contracts be spent to hire persons residing in the targeted communities,
20 if the combined average unemployment and poverty rate for a targeted
21 community is greater than twenty percent of the combined countywide
22 average of unemployment rate and the poverty rate; and
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD09472-01-3
A. 4776 2
1 c. at least thirty percent of the labor costs of construction
2 contracts cost be spent to hire persons residing in the targeted commu-
3 nities if the combined average community unemployment and poverty rate
4 is greater than thirty percent of the combined countywide average of
5 unemployment rate and the poverty rate.
6 4. The combined average unemployment rate and poverty rate shall be
7 computed annually based on statistics published by the New York state
8 bureau of labor statistics or similar government agencies for the period
9 ending December thirty-first of the year preceding the year in which the
10 contract is awarded. The county, in its sole discretion, may use the
11 most recent United States census data in determining the unemployment
12 rate and poverty rate of a targeted community or combined countywide
13 unemployment rate and poverty rate instead of data published by the New
14 York state bureau of labor statistics. The combined average shall be the
15 sum of the preceding year end unemployment rate plus the preceding year
16 end poverty rate divided by two.
17 5. The combined average unemployment rate and poverty rate shall be
18 established annually by resolution or local law of the county. The
19 county may require bidders to hire and retain persons who were previous-
20 ly incarcerated and who are participating in a re-entry program in such
21 county.
22 6. The county may require the lowest responsible bidder to establish
23 apprenticeship and training programs for workers residing within the
24 targeted communities in certain construction trades specified in a
25 resolution or local law passed by such county.
26 § 2. This act shall take effect on the thirtieth day after it shall
27 have become a law.
