STATE OF NEW YORK
________________________________________________________________________
8831
IN ASSEMBLY
January 13, 2022
___________
Introduced by M. of A. BICHOTTE HERMELYN -- read once and referred to
the Committee on Governmental Operations
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 that
6 construction contractors often face significant challenges when bidding
7 and working on public works projects in New York state. Often, the
8 inclusion of onerous or inequitable contract terms and conditions
9 governing issues such as contractor payment, job delays and dispute
10 resolution, can place an unfair burden on contractors in public works
11 projects. Furthermore, the legislature finds that many prior, piecemeal
12 attempts to address these inequities through individual approaches have
13 proven unsuccessful, and therefore a more equitable and comprehensive
14 approach is warranted. The legislature also finds that current ineffi-
15 ciencies in the public contracting process are responsible for driving
16 up the cost of construction, making New York a less competitive place to
17 engage in such work in relation to other states, which in turn harms the
18 New York state economy and costs jobs.
19 Therefore, 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.
LBD08796-08-2
A. 8831 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 the
9 speaker of the assembly, one member upon recommendation of the minority
10 leader of the assembly, two members upon the recommendation of the
11 temporary president of the senate, one member upon the recommendation of
12 the minority leader of the senate, one member upon the recommendation of
13 the comptroller, three members representing general contractors in the
14 construction industry, three members representing subcontractors in the
15 construction industry, three members representing employee trade coun-
16 cils in the construction industry and two members representing minority
17 and 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.