STATE OF NEW YORK ________________________________________________________________________ 7385 2023-2024 Regular Sessions IN SENATE May 22, 2023 ___________ Introduced by Sen. SANDERS -- read twice and ordered printed, and when printed to be committed to the Committee on Insurance AN ACT to amend the insurance law, in relation to exempting certain public construction projects from certain restrictions The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subparagraphs (A) and (B) of paragraph 2 of subdivision (a) 2 of section 2504 of the insurance law are amended, and a new subparagraph 3 (C) is added to read as follows: 4 (A) a public corporation or public authority created pursuant to 5 agreement or compact with another state, [or] 6 (B) the city of New York, a public corporation or public authority, in 7 connection with the construction of electrical generating and trans- 8 mission facilities or construction, extensions and additions of light 9 rail or heavy rail rapid transit and commuter railroads[.], or 10 (C) the city of New York, the city school district of the city of New 11 York, the New York city industrial development agency, the New York city 12 health and hospitals corporation, or the New York city housing authori- 13 ty, in connection with a contract the principal purpose of which is 14 construction that (i) has an estimated cost of no less than five million 15 dollars or (ii) is subject to an owner-controlled insurance program for 16 projects, provided that any contract undertaken pursuant to this subpar- 17 agraph that has an estimated cost of five million dollars or more may 18 only be undertaken pursuant to a project labor agreement as such term is 19 defined in section two hundred twenty-two of the labor law. 20 § 2. A report shall be submitted no later than September 30, 2024 and 21 annually thereafter, to the governor, the temporary president of the 22 senate and the speaker of the assembly by the city of New York on behalf 23 of its agencies, the New York city housing authority, the city school 24 district of the city of New York, the New York city industrial develop- 25 ment agency, and the New York city health and hospitals corporation EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD11422-04-3
S. 7385 2 1 containing information regarding each contract subject to an insurance 2 program authorized pursuant to this act. Such report shall include for 3 each contract awarded in the preceding fiscal year: a description of 4 the project to be implemented by such contract; information regarding 5 the procurement process for each such contract, including the list of 6 responding entities that demonstrated the general capability to perform 7 such contract, to the extent such contract was awarded on a best-value 8 basis or such a list is otherwise available; the total award value of 9 each contract; and an explanation of the estimated savings resulting 10 from using owner-controlled or contractor-controlled insurance in 11 conjunction with such contract. Such report shall also include for each 12 contract concluding in the preceding fiscal year: a description of the 13 dispute resolution processes used for insurance or liability disputes 14 arising during such contract's performance, to the extent not legally 15 privileged; the total cost of such contract; a comparative description 16 of work site safety relative to similar construction projects not 17 subject to an insurance program authorized under this act; the partic- 18 ipation rate of and total dollar value of monies paid to minority- and 19 women-owned business enterprises, emerging business enterprises, and 20 locally-based business enterprises certified pursuant to section 1304 of 21 the New York city charter under such contracts, and a separate listing 22 of the participation rate of and total dollar value of monies paid to 23 minority- and women-owned business enterprises, emerging business enter- 24 prises, and locally-based business enterprises for projects using 25 contractor-controlled insurance that cost no less than five million 26 dollars and no more than twenty-five million dollars. 27 § 3. This act shall take effect immediately.