Add Chap 79 3501 & 3502, NYC Chart; amd 2590-h, Ed L; amd 917, Gen Muni L; amd 816-b, Lab L; amd 1728, Pub
Auth L; amd 5, NYC Health & Hosp Corp Act
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.
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.
LBD11271-05-3
S. 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; or
S. 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 a
S. 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 qualified
S. 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; and
S. 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 disadvantaged
S. 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 upon
S. 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, such
S. 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 deemed
S. 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.
