A07169 Summary:

BILL NOA07169
 
SAME ASSAME AS S01482
 
SPONSORGlick
 
COSPNSRJaffee, Simon, Blake, De La Rosa, Englebright, Rozic, Ortiz, Cruz, Williams, Epstein, Reyes, Gottfried, Miller MG, Joyner, Ramos, Fall, Fernandez, Crespo, Weprin, Griffin
 
MLTSPNSR
 
Add Art 15-D 328-b - 328-d, Exec L
 
Relates to equal pay disclosure with respect to state contracts.
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A07169 Actions:

BILL NOA07169
 
04/10/2019referred to governmental operations
05/21/2019reported referred to codes
05/30/2019reported referred to ways and means
06/04/2019reported referred to rules
06/11/2019reported
06/11/2019rules report cal.161
06/11/2019ordered to third reading rules cal.161
06/20/2019passed assembly
06/20/2019delivered to senate
06/20/2019REFERRED TO RULES
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A07169 Committee Votes:

GOVERNMENTAL OPERATIONS Chair:Titus DATE:05/21/2019AYE/NAY:12/2 Action: Favorable refer to committee Codes
TitusAyeJohnsAye
GalefAyeGoodellNay
GlickAyeLalorAye
KimAyeByrneNay
BuchwaldAye
BichotteAye
BlakeAye
HyndmanAye
WilliamsAye
EpsteinAye

CODES Chair:Lentol DATE:05/30/2019AYE/NAY:14/5 Action: Favorable refer to committee Ways and Means
LentolAyeRaNay
SchimmingerNayGiglioExcused
PretlowAyeMontesanoExcused
CookAyeMorinelloNay
CymbrowitzAyePalumboNay
O'DonnellAbsentGarbarinoNay
LavineAye
PerryAye
ZebrowskiAye
AbinantiAye
WeprinAye
MosleyAye
HevesiAye
FahyAye
SeawrightAye
RosenthalAye

WAYS AND MEANS Chair:Weinstein DATE:06/04/2019AYE/NAY:22/11 Action: Favorable refer to committee Rules
WeinsteinAyeBarclayNay
LentolAyeCrouchNay
SchimmingerNayFitzpatrickNay
GanttExcusedHawleyNay
GlickAyeMalliotakisNay
NolanAyeMontesanoNay
PretlowAyeRaNay
PerryAyeBlankenbushNay
ColtonAyePalmesanoNay
CookAyeNorrisNay
CahillAye
AubryAye
ThieleAye
CusickAye
OrtizAye
BenedettoAye
WeprinAye
RodriguezExcused
RamosAye
BraunsteinAye
McDonaldAye
RozicAye
SimotasAye
DinowitzAye
MillerAye

RULES Chair:Gottfried DATE:06/11/2019AYE/NAY:25/0 Action: Favorable
HeastieExcusedKolbAye
GottfriedAyeCrouchAye
LentolAyeFinchAye
GanttExcusedBarclayAye
NolanAyeRaiaAye
WeinsteinAyeHawleyAye
OrtizAyeGiglioAye
PretlowAyeMalliotakisAye
CookAye
GlickAye
AubryAye
EnglebrightAye
DinowitzAye
ColtonAye
MagnarelliAye
PerryAye
PaulinAye
TitusExcused
Peoples-StokesExcused
BenedettoAye
LavineExcused
LupardoAye
ZebrowskiExcused

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A07169 Floor Votes:

DATE:06/20/2019Assembly Vote  YEA/NAY: 128/20
AbbateYCrespoYGanttERLiPetriYPerryYSimonY
AbinantiYCrouchYGarbarinoYLupardoYPheffer AmatoYSimotasY
ArroyoYCruzYGiglioYMagnarelliYPichardoYSmithY
AshbyYCusickYGlickYMalliotakisYPretlowYSmullenY
AubryYCymbrowitzYGoodellNOManktelowNOQuartYSolagesY
BarclayNODavilaYGottfriedYMcDonaldYRaYStecY
BarnwellYDe La RosaYGriffinYMcDonoughYRaiaYSteckY
BarrettYDenDekkerYGuntherYMcMahonYRamosYSternY
BarronYDeStefanoYHawleyNOMikulinYRaynorYStirpeY
BenedettoYDickensYHevesiYMill B YReillyYTagueNO
BichotteYDilanYHunterYMill MGYReyesYTaylorY
BlakeYDinowitzYHyndmanYMill MLYRichardsonYThieleY
BlankenbushYDiPietroNOJacobsonYMontesanoYRiveraYTitusY
BrabenecYD'UrsoYJaffeeYMorinelloNORodriguezYVanelY
BraunsteinYEichensteinNOJean-PierreYMosleyYRomeoYWalczykY
BronsonYEnglebrightYJohnsYNiouYRose D YWalkerY
BuchwaldYEpsteinYJonesYNolanYRose L YWallaceY
BurkeYFahyYJoynerYNorrisNORozicYWalshNO
ButtenschonYFallYKimYO'DonnellYRyanYWeinsteinY
ByrneNOFernandezYKolbNOOrtizYSalkaNOWeprinY
ByrnesNOFinchYLalorNOOtisYSantabarbaraYWilliamsY
CahillYFitzpatrickNOLavineYPalmesanoNOSayeghYWoernerY
CarrollYFriendNOLawrenceNOPalumboYSchimmingerNOWrightY
ColtonYFrontusYLentolYPaulinYSchmittYZebrowskiY
CookYGalefYLiftonYPeoples-StokesERSeawrightYMr SpkrY

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A07169 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          7169
 
                               2019-2020 Regular Sessions
 
                   IN ASSEMBLY
 
                                     April 10, 2019
                                       ___________
 
        Introduced  by  M. of A. GLICK, JAFFEE, SIMON, BLAKE, DE LA ROSA, ENGLE-
          BRIGHT, ROZIC,  ORTIZ,  CRUZ,  WILLIAMS,  EPSTEIN,  REYES,  GOTTFRIED,
          M. G. MILLER  --  read  once  and referred to the Committee on Govern-
          mental Operations
 
        AN ACT to amend the executive law, in relation to equal  pay  disclosure
          with respect to state contracts

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. The executive law is amended by adding a new  article  15-D
     2  to read as follows:
     3                                ARTICLE 15-D
     4            EQUAL PAY DISCLOSURE WITH RESPECT TO STATE CONTRACTS
     5  Section 328-b. Definitions.
     6          328-c. Equal pay disclosure; reporting.
     7          328-d. Prohibitions in contracts; violations.
     8    §  328-b.  Definitions.  As  used in this article, the following terms
     9  shall have the following meanings:
    10    1. "Equal pay report" shall mean a summary of data, in a form consist-
    11  ent with regulations promulgated by the comptroller pursuant to  section
    12  three  hundred  twenty-eight-c of this article, on employee compensation
    13  by gender, race, ethnicity, specified job categories, and other relevant
    14  data.
    15    2. "Contracting agency" shall mean a state agency which is a party  or
    16  a proposed party to a state contract.
    17    3.  "Contractor"  shall  mean  an  individual,  a business enterprise,
    18  including a sole proprietorship, a partnership, a corporation, a limited
    19  liability company, a not-for-profit corporation, or any other party to a
    20  state contract, as defined in subdivision eight of  this  section  or  a
    21  bidder  in  conjunction with the award of a state contract or a proposed
    22  party to a state contract. For the purposes of this  article,  "contrac-

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05000-01-9

        A. 7169                             2
 
     1  tor"  shall not include a small business, as defined in subdivision nine
     2  of this section.
     3    4. "Large county" shall mean a county having a population in excess of
     4  two  hundred  eighty-five  thousand according to the most recent federal
     5  decennial census, provided however, that a county having a population in
     6  excess of two hundred eighty-five thousand according to the two thousand
     7  ten federal decennial census shall continue to be a large county  there-
     8  after  notwithstanding  a later census showing a population of less than
     9  two hundred eighty-five thousand for such county.
    10    5. "Metropolitan area" shall mean a city  with  a  population  of  one
    11  million  or  more  and  a  county  having  a population in excess of one
    12  million and immediately contiguous to such city.
    13    6. "State agency" shall mean:
    14    (a)(i) any state department, or (ii) any division,  board,  commission
    15  or  bureau of any state department, or (iii) the state university of New
    16  York and the city university of New York, including all their  constitu-
    17  ent  units  except  community  colleges and the independent institutions
    18  operating statutory or contract colleges on behalf of the state, or (iv)
    19  a board, a majority of whose members are appointed by  the  governor  or
    20  who  serve  by virtue of being state officers or employees as defined in
    21  subparagraph (i), (ii), or (iii) of this paragraph or paragraph  (i)  of
    22  subdivision one of section seventy-three of the public officers law;
    23    (b)  a "state authority," as defined in subdivision one of section two
    24  of the public authorities law, and the following:
    25      Albany County Airport Authority;
    26      Albany Port District Commission;
    27      Alfred, Almond, Hornellsville Sewer Authority;
    28      Battery Park City Authority;
    29      Cayuga County Water and Sewer Authority;
    30      (Nelson A. Rockefeller) Empire State Plaza Performing Arts;
    31      Center Corporation;
    32      Industrial Exhibit Authority;
    33      Livingston County Water and Sewer Authority;
    34      Long Island Power Authority;
    35      Long Island Rail Road;
    36      Long Island Market Authority;
    37      Manhattan and Bronx Surface Transit Operating Authority;
    38      Metro-North Commuter Railroad;
    39      Metropolitan Suburban Bus Authority;
    40      Metropolitan Transportation Authority;
    41      Natural Heritage Trust;
    42      New York City Transit Authority;
    43      New York Convention Center Operating Corporation;
    44      New York State Bridge Authority;
    45      New York State Olympic Regional Development Authority;
    46      New York State Thruway Authority;
    47      Niagara Falls Public Water Authority;
    48      Niagara Falls Water Board;
    49      Port of Oswego Authority;
    50      Power Authority of the State of New York;
    51      Roosevelt Island Operating Corporation;
    52      Schenectady Metroplex Development Authority;
    53      State Insurance Fund;
    54      Staten Island Rapid Transit Operating Authority;
    55      State University Construction Fund;
    56      Syracuse Regional Airport Authority;

        A. 7169                             3
 
     1      Triborough Bridge and Tunnel Authority;
     2      Upper Mohawk Valley Regional Water Board;
     3      Upper Mohawk Valley Regional Water Finance Authority;
     4      Upper Mohawk Valley Memorial Auditorium Authority;
     5      Urban Development Corporation and its subsidiary corporations; and
     6    (c)  the  following  entities,  only  to the extent of state contracts
     7  entered into for its own account or for the benefit of a state agency as
     8  defined in paragraph (a) or (b) of this subdivision: Dormitory Authority
     9  of the State of New York; Facilities Development Corporation;  New  York
    10  State  Energy Research and Development Authority; New York State Science
    11  and Technology Foundation.
    12    7. "State assisted housing project"  shall  mean,  for  such  projects
    13  which  receive  from  the  New  York  state  housing finance agency, the
    14  affordable housing corporation, the housing trust  fund  corporation  or
    15  the division of housing and community renewal a grant or loan for all or
    16  part of the total project cost:
    17    (a)  a  "permanent housing project for homeless families" or "project"
    18  as defined in subdivision five of  section  sixty-four  of  the  private
    19  housing finance law;
    20    (b)  a "project" as defined in subdivision twelve of section one thou-
    21  sand one hundred one of the private housing finance  law  provided  said
    22  project  is  located  in a large county and consists of more than twelve
    23  residential units at a single site;
    24    (c) "affordable home ownership development programs" or  "project"  as
    25  defined  in subdivision eight of section one thousand one hundred eleven
    26  of the private housing finance law provided said project is located in a
    27  metropolitan area as defined in subdivision five  of  this  section  and
    28  consists of more than twelve residential units at a single site;
    29    (d)  a  "turnkey/enhanced  rental  project" or "project" as defined in
    30  subdivision two of section one thousand one hundred six-a of the private
    31  housing finance law;
    32    (e) "infrastructure improvements" as defined  in  subdivision  two  of
    33  section  one  thousand  one  hundred  thirty-one  of the private housing
    34  finance law, to the extent that such "infrastructure  improvements"  are
    35  applied  for  in  connection  with  a  state assisted housing project as
    36  defined in paragraphs (a) through (d) of this subdivision  and  provided
    37  further  than the applicant for such infrastructure improvements and for
    38  such state assisted housing project are identical.
    39    8. "State contract" shall mean:
    40    (a) a written agreement or purchase order instrument, providing for  a
    41  total  expenditure in excess of fifty thousand dollars, which is subject
    42  to approval by the comptroller pursuant to section one hundred twelve of
    43  the state finance law, whereby: (i) a  contracting  agency,  except  the
    44  office  of  general services is committed to expend or does expend funds
    45  in return for labor, services including,  but  not  limited  to,  legal,
    46  financial  and other professional services, supplies, equipment, materi-
    47  als or any combination  of  the  foregoing,  to  be  performed  for,  or
    48  rendered  or  furnished  to  the  contracting agency; (ii) a contracting
    49  agency, except the office of general services is committed to expend  or
    50  does   expend  funds  for  the  acquisition,  construction,  demolition,
    51  replacement, major repair or renovation of real  property  and  improve-
    52  ments thereon; or (iii) the owner of a state assisted housing project is
    53  committed   to   expend  or  does  expend  funds  for  the  acquisition,
    54  construction, demolition, replacement, major  repair  or  renovation  of
    55  real property and improvements thereon for such project.

        A. 7169                             4
 
     1    (b)  a written agreement or purchase order instrument, providing for a
     2  total expenditure in excess of eighty-five thousand  dollars,  which  is
     3  subject  to  approval by the comptroller pursuant to section one hundred
     4  twelve of the state finance law, whereby the office of general  services
     5  is  committed  to  or  does  expend  funds in return for labor, services
     6  including, but not limited to, legal, financial and  other  professional
     7  services, supplies, equipment, materials or any combination of the fore-
     8  going,  to  be  performed for, or rendered or furnished to the office of
     9  general services.
    10    9. "Small business" as used in this section,  shall  mean  a  business
    11  independently owned and operated, not dominant in its field, and employ-
    12  ing not more than one hundred individuals.
    13    §  328-c.  Equal  pay  disclosure; reporting. 1. All contractors, as a
    14  condition upon entering  into  a  contract  with  the  state,  shall  be
    15  required  to  submit  equal pay reports, in such form as the comptroller
    16  may prescribe by  regulation  pursuant  to  subdivision  three  of  this
    17  section. Such reports shall include, but not be limited to, a summary of
    18  the  contractor's  workforce  pay  averages, calculated by job category,
    19  gender, race, and ethnicity, and the difference between pay averages  in
    20  each category, expressed as an absolute percentage.
    21    2.  The  state  comptroller shall submit a report to the governor, the
    22  attorney general, the commissioner of the office  of  general  services,
    23  the  commissioner  of  the  department of labor, the commissioner of the
    24  division of human rights, the speaker of  the  assembly,  the  temporary
    25  president  of the senate and the legislative fiscal committees summariz-
    26  ing data related to the equal pay reports submitted by contractors. Such
    27  report shall be made annually, on a fiscal year basis by  the  first  of
    28  July of the next succeeding year following enactment of this section.
    29    (a)  The information required by this subdivision shall be provided in
    30  electronic format in such form as prescribed by  the  state  comptroller
    31  such that the data can be searched and sorted.
    32    (b) All reports required under this subdivision shall be available for
    33  public  inspection  and  copying pursuant to section eighty-seven of the
    34  public officers law provided that in disclosing such reports pursuant to
    35  the public officers law, the state comptroller shall redact the name and
    36  social security number of any individual employee that  is  included  in
    37  such document.
    38    3. The state comptroller, in consultation with the commissioner of the
    39  office of general services, shall promulgate regulations:
    40    (a)  regarding  the  content and the timely and proper filing of equal
    41  pay reports by contractors; and
    42    (b) setting forth measures and procedures to require  all  contracting
    43  agencies,  where  practicable,  feasible  and appropriate, to assess the
    44  equal pay practices of  contractors  submitting  bids  or  proposals  in
    45  connection  with  the  award  of  a state contract. Such rules and regu-
    46  lations shall take into account: the  nature  of  the  labor,  services,
    47  supplies, equipment or materials being procured by the state agency; the
    48  method of procurement required to be used by a state agency to award the
    49  contract;  the  equal  pay  reports required to be submitted pursuant to
    50  subdivision one of this section; and such other  factors  as  the  comp-
    51  troller  deems  appropriate  or  necessary to promote the award of state
    52  contracts to contractors having sound equal pay practices. Such  assess-
    53  ment  shall  not  permit the automatic rejection of a bid or procurement
    54  proposal based on the lack of adherence to equal pay practices. Each bid
    55  or proposal shall be analyzed on an individual per bid or  per  proposal
    56  basis  with  the  contractor's  equal pay practices considered as only a

        A. 7169                             5
 
     1  part of a wider consideration of several factors when deciding to  award
     2  or decline to award a bid or proposal.
     3    §  328-d.  Prohibitions  in  contracts;  violations. Every contracting
     4  agency shall include  a  provision  in  its  state  contracts  expressly
     5  providing  that  any contractor who willfully and intentionally fails to
     6  comply with the requirements of this article as set forth in such  state
     7  contract  shall  be  liable  to the contracting agency for liquidated or
     8  other appropriate damages and shall provide for other appropriate  reme-
     9  dies on account of such breach.
    10    §  2. This act shall take effect on the first of January next succeed-
    11  ing the date upon which it shall have become a law and  shall  apply  to
    12  all  contracts  with  the  state entered into on or after such effective
    13  date.
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