STATE OF NEW YORK ________________________________________________________________________ 7387--A 2023-2024 Regular Sessions IN SENATE May 22, 2023 ___________ Introduced by Sens. PARKER, RAMOS -- (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 commit- tee 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- 16 taged candidates and qualified candidates from economically disadvan- 17 taged regions. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD11271-02-3
S. 7387--A 2 1 § 2. The New York city charter is amended by adding a new chapter 79 2 to read as follows: 3 CHAPTER 79 4 COMMUNITY HIRING AND WORKFORCE DEVELOPMENT 5 § 3501. Definitions. As used in this chapter, the following terms 6 shall have the following meanings: 7 Absorption hire. The term "absorption hire" means an individual who 8 fills a building service opportunity and who: 9 (1) was employed to perform building service work within the preceding 10 six months at the same facility to which such individual is assigned; or 11 (2) fills such building service opportunity as a result of a reassign- 12 ment by a contractor or subcontractor, as applicable, due to a displace- 13 ment caused by the closure of another facility, a staffing reduction at 14 another facility, or any other similar event. 15 Apprentice. The term "apprentice" means an individual who is receiving 16 training and performing labor pursuant to an apprenticeship agreement. 17 Apprenticeship agreement. The term "apprenticeship agreement" means an 18 agreement, as such term is defined by section eight hundred sixteen of 19 the labor law, that has been registered with, and approved by, the 20 commissioner of labor of the state of New York pursuant to article twen- 21 ty-three of the labor law. 22 Building service opportunity. The term "building service opportunity" 23 means an employment opportunity to perform building service work. 24 Building service opportunity labor hour. The term "building service 25 opportunity labor hour" means a labor hour performed by an individual 26 employed to fill a building service opportunity. 27 Building service work. The term "building service work" means the 28 classifications of labor that the applicable fiscal officer has identi- 29 fied as consistent with section two hundred thirty of the labor law, 30 regardless of whether such labor constitutes building service work for 31 which workers are entitled to prevailing wage pursuant to article nine 32 of the labor law. 33 City-affiliated not-for-profit corporation. The term "city-affiliated 34 not-for-profit corporation" means a local development corporation or 35 other not-for-profit corporation, a majority of whose members are 36 appointed by the mayor. 37 Construction work. The term "construction work" means: 38 (1) any labor of a type that the applicable fiscal officer, as defined 39 in paragraph e of subdivision five of section two hundred twenty of the 40 labor law, has identified in a published schedule as a classification of 41 work performed by laborers, workers or mechanics, regardless of whether 42 such labor constitutes public work pursuant to such section; and 43 (2) any additional types of labor identified by the director by rule, 44 provided that such labor shall not include building service work. 45 Contractor. The term "contractor" means an individual, company, corpo- 46 ration, partnership, or other entity that has entered into a transaction 47 with the city, including but not limited to vendors providing human 48 services, standard services, professional services, construction-related 49 services, and construction, as such terms are defined by rules of the 50 procurement policy board, to the city, except that the term "contractor" 51 does not include: 52 (1) any governmental entity; or 53 (2) any labor organization. 54 Director. The term "director" means the director of the office of 55 community hiring and workforce development or his or her designee.
S. 7387--A 3 1 Economically disadvantaged candidate. The term "economically disadvan- 2 taged candidate" means an individual: 3 (1) whose income or household income falls below an applicable quanti- 4 tative threshold determined by the director, provided that such income 5 shall not include any types of public benefits provided by the federal 6 government or a state or local government and identified by the direc- 7 tor; and 8 (2) who is certified as meeting all applicable requirements. 9 Economically disadvantaged region. The term "economically disadvan- 10 taged region" means an area, represented by its five-digit ZIP code, in 11 which at least fifteen percent of residents have household incomes below 12 the federal poverty threshold. 13 Economically disadvantaged region candidate. The term "economically 14 disadvantaged region candidate" means an individual who is certified as 15 meeting all applicable requirements and who is a: 16 (1) resident of an address within an economically disadvantaged 17 region; 18 (2) resident of a building that is: 19 (i) owned or operated by the New York city housing authority; and 20 (ii) subject to section nine of the United States Housing Act of nine- 21 teen hundred thirty-seven, as amended; or 22 (3) resident of a dwelling unit that is: 23 (i) subject to a regulatory agreement with a federal, state or local 24 government agency requiring that occupancy of such unit be restricted 25 based on the income of the occupants; and 26 (ii) located in a building that was previously operated by the New 27 York city housing authority, was previously subject to section nine of 28 the United States Housing Act of nineteen hundred thirty-seven, as 29 amended, and is subject to section eight of such act. 30 Employment opportunity. The term "employment opportunity" means a 31 vacancy in a position to perform services under a transaction. 32 Exempt transaction. The term "exempt transaction" includes any: 33 (1) contract procured pursuant to section one hundred sixty-two of the 34 state finance law; 35 (2) contract for the performance of services by a city-affiliated 36 not-for-profit corporation; 37 (3) contract the principal purpose of which is the supply of goods, 38 except that the term "exempt transaction" shall not include any trans- 39 action the principal purpose of which is delivery services; 40 (4) contract in an amount below the small purchase threshold set 41 pursuant to the authority and procedure set forth in subdivision a of 42 section three hundred fourteen of this charter; 43 (5) contract for confidential or investigative services or any other 44 type of contract excluded by a rule adopted by the director based on a 45 determination that the application of goals under this program would 46 substantially undermine the primary objective of that type of contract; 47 (6) contract subject to federal or state funding requirements that 48 preclude or substantially conflict with the application of goals under 49 this program; 50 (7) contract for emergency demolition services procured by the depart- 51 ment of housing preservation and development pursuant to the procedure 52 set forth in section three hundred fifteen of this charter; or 53 (8) contract for which contractor selection is made by an elected 54 official other than the mayor or an agency other than a mayoral agency, 55 except as otherwise provided by rule by the director.
S. 7387--A 4 1 Labor organization. The term "labor organization" has the meaning 2 provided in section one hundred fifty-two of title twenty-nine of the 3 United States code, or any successor provision. 4 Mayoral agency. The term "mayoral agency" includes: 5 (1) any agency the head of which is appointed by the mayor; 6 (2) any agency headed by a board, commission, or other multi-member 7 body, the majority of the membership of which is appointed by the mayor; 8 and 9 (3) the office of the mayor. 10 Project labor agreement. The term "project labor agreement" means a 11 pre-hire collective bargaining agreement entered into between the city 12 and a bona fide building and construction trade labor organization 13 establishing the labor organization or its affiliates as the collective 14 bargaining representative for all persons who will perform construction 15 work on a transaction, provided such agreement: 16 (1) provides that only contractors and subcontractors who sign a pre- 17 negotiated agreement with the labor organization can perform such work 18 on such transaction; and 19 (2) includes goals for the employment of qualified economically disad- 20 vantaged region candidates to perform such work. 21 Referral source. The term "referral source" means an individual, 22 company, corporation, partnership, agency, union referral system, or 23 other entity selected pursuant to paragraph three of subdivision a of 24 section thirty-five hundred two of this chapter to make referrals of 25 candidates to contractors, prospective contractors, subcontractors, and 26 prospective subcontractors for the purposes of meeting the applicable 27 employment goals set forth in such section; provided that any union 28 referral system shall be deemed an approved referral source for the 29 purposes of paragraph three of subdivision a of section thirty-five 30 hundred two of this chapter. 31 Subcontractor. The term "subcontractor" means an individual, company, 32 corporation, partnership or other entity that has entered into an agree- 33 ment with a contractor or another subcontractor in order to perform 34 services or any other obligation under a transaction, provided that such 35 agreement involves the performance of construction work of any value, or 36 the total dollar value of such agreement exceeds twenty thousand 37 dollars, and further provided that the term "subcontractor" does not 38 include: 39 (1) employees; 40 (2) governmental entities; or 41 (3) labor organizations. 42 Transaction. The term "transaction" means a procurement contract, 43 except that the term "transaction" shall not include any exempt trans- 44 action. 45 Union referral system. The term "union referral system" means a labor 46 organization that has an affiliated registered apprentice program with 47 direct entry access from one or more pre-apprentice programs that are 48 compliant with United States department of labor and New York state 49 department of labor regulations, as well as any labor organization with 50 an affiliated community recruitment program. 51 § 3502. Office of community hiring and workforce development. a. 52 Office established. The mayor shall establish an office of community 53 hiring and workforce development. Such office may be established as a 54 separate office or within any department the head of which is appointed 55 by the mayor. The office of community hiring and workforce development 56 shall be headed by a director who shall be appointed by the mayor or
S. 7387--A 5 1 head of such department. The director shall, as the director deems 2 appropriate, adopt rules consistent with the purpose of this chapter 3 relating to employment goals on transactions, including rules: 4 (1) requiring contractors and subcontractors to agree to publicly 5 disclose employment opportunities; 6 (2) establishing a procedure for the certification of individuals as 7 economically disadvantaged candidates, economically disadvantaged region 8 candidates, or both, provided that such certification procedure shall, 9 to the extent the director deems feasible, use data sources and adminis- 10 trative processes established or maintained by the city for other 11 programs or operations in order to minimize administrative burdens on 12 contractors, subcontractors, and individuals; 13 (3) establishing a procedure by which the director shall identify and 14 deem union referral systems as referral sources and may approve other 15 referral sources for the purposes of this section, whereby the director 16 shall: 17 (i) publicly release a referral source solicitation that includes a 18 description of functions of a referral source, the manner in which 19 responses must be submitted, and the criteria by which responding enti- 20 ties will be approved, and authorize one or more entities, as appropri- 21 ate, to function as referral sources, based on the criteria included in 22 the solicitation; 23 (ii) authorize an agency in writing to function as a referral source; 24 or 25 (iii) authorize, in writing, an entity engaged pursuant to an agree- 26 ment with an agency for employment recruitment services or other work- 27 force development services to function as a referral source; 28 (4) establishing a procedure through which the director may provide 29 information regarding referral sources to contractors, subcontractors, 30 prospective contractors, and prospective subcontractors; 31 (5) establishing a procedure by which the director shall monitor and 32 criteria by which the director shall evaluate the performance of each 33 referral source on an annual basis, and where the director determines 34 that a referral source has performed inadequately, terminate or suspend 35 the referral source; 36 (6) requiring contractors to agree to make best efforts to employ 37 qualified economically disadvantaged region candidates in order to meet 38 employment goals relating to building service work based on: 39 (i) the percentage of building service opportunities filled by econom- 40 ically disadvantaged region candidates, provided that in calculating 41 such goals, absorption hires shall not be considered; or 42 (ii) the percentage of building service opportunity labor hours 43 performed by economically disadvantaged region candidates, provided that 44 in calculating such goals, building service opportunity labor hours 45 performed by absorption hires shall not be considered; 46 (7) requiring contractors and subcontractors to agree to make best 47 efforts to employ qualified economically disadvantaged region candidates 48 to perform no less than a percentage of the cumulative hours of 49 construction work on transactions involving construction work, and addi- 50 tionally requiring, to the extent feasible consistent with the maximum 51 ratios of apprentices to journey-level workers established by the New 52 York state department of labor, that such contractors and subcontractors 53 agree to make best efforts to employ apprentices who are qualified 54 economically disadvantaged region candidates to perform no less than a 55 percentage of such cumulative hours of construction work, provided that 56 construction work performed by apprentices who are qualified econom-
S. 7387--A 6 1 ically disadvantaged region candidates shall be credited towards the 2 achievement of both employment goals set forth in this paragraph. Where 3 a transaction is not subject to a project labor agreement, such goals 4 shall be established pursuant to paragraph twelve of this subdivision 5 and where a transaction is subject to a project labor agreement, such 6 goals shall be established pursuant to subdivision f of this section; 7 (8) requiring contractors to agree to make best efforts to employ 8 qualified economically disadvantaged candidates in order to meet employ- 9 ment goals relating to work on transactions that neither involves 10 construction work nor building service work, and establishing such goals 11 based on: 12 (i) the percentage of the cumulative hours of labor performed by such 13 candidates; 14 (ii) the percentage of employment opportunities filled by such candi- 15 dates; or 16 (iii) the total value of the transaction; 17 (9) requiring subcontractors to agree to make best efforts to extend 18 offers of employment to qualified candidates in order to meet any 19 employment goals described in paragraph six or eight of this subdivision 20 and established pursuant to rules adopted by the director; 21 (10) establishing a schedule of civil penalties, based on factors 22 including but not limited to a contractor's industry or any relevant 23 occupations employed by a contractor or subcontractor, that the director 24 or an applicable agency may impose on a contractor due to the contrac- 25 tor's or subcontractor's non-compliance with an obligation created 26 pursuant to this section and a procedure for the imposition of such 27 penalties, which will not exclude other remedies established in this 28 charter or any other law, provided that any civil penalties imposed 29 pursuant to this paragraph shall not exceed two thousand five hundred 30 dollars for each non-compliance with such an obligation or each failure 31 to correct such non-compliance; 32 (11) designating paper or electronic formats for the submission of 33 documents related to the selection and operation of referral sources and 34 contractors and subcontractors subject to goals pursuant to paragraphs 35 six through nine of this subdivision, as applicable, including but not 36 limited to, documents containing information required pursuant to para- 37 graphs one and three of this subdivision, subdivision c and subpara- 38 graphs (v) and (vi) of paragraph one of subdivision d of this section; 39 solicitation documents and responses, including bids and proposals; and 40 data related to labor performed pursuant to transactions, including 41 payroll reports, as applicable; and 42 (12) (i) authorizing the director, in consultation with the city chief 43 procurement officer, as such term is defined in rules promulgated by the 44 procurement policy board, to establish factors by which goals described 45 in paragraphs six, seven, eight, and nine of this subdivision, other 46 than for goals established pursuant to such paragraph seven in 47 connection with transactions subject to a project labor agreement, will 48 be established for individual transactions, including: 49 (A) the scope of the transaction; 50 (B) the availability of qualified economically disadvantaged candi- 51 dates and economically disadvantaged region candidates and apprentices; 52 (C) the nature of any employment opportunities that the director 53 expects will result from the transaction; and 54 (D) any other similar factors. 55 (ii) prior to setting a goal pursuant to this subdivision for an indi- 56 vidual transaction, the agency entering into the transaction shall
S. 7387--A 7 1 consider the goals set for previous, similar transactions and whether 2 such goals were appropriate for such transactions. 3 b. Lists of economically disadvantaged regions. No later than ninety 4 days after the effective date of this section, and at least once during 5 each twelve-month period thereafter, the director shall publish a report 6 including an updated list of all economically disadvantaged regions 7 within a radius of one hundred miles of the city or all such econom- 8 ically disadvantaged regions within the metropolitan area. Nothing shall 9 preclude an individual whose residence is within an economically disad- 10 vantaged region that is not included in such list from qualifying as an 11 economically disadvantaged region candidate for the purposes of goals 12 set forth under this section. 13 c. Reporting. No later than one hundred eighty days after the effec- 14 tive date of this section and each quarter thereafter, the office of 15 community hiring and workforce development shall publish a report on a 16 website maintained or controlled by the city, pursuant to rules adopted 17 by the director, that shall include, for each transaction subject to a 18 goal established pursuant to paragraph six, seven, or eight of subdivi- 19 sion a of this section, information demonstrating the corresponding 20 contractor's progress towards meeting such goal and, if applicable, any 21 subcontractor's progress towards meeting any goal established pursuant 22 to paragraph seven or nine of subdivision a of this section, and aggre- 23 gate information regarding the demographics and compensation of econom- 24 ically disadvantaged region candidates, economically disadvantaged 25 candidates, and apprentices who are economically disadvantaged region 26 candidates, as applicable, relative to all individuals employed by such 27 contractor and, if applicable, subcontractors on such transaction. In 28 compiling this report, the director shall, to the extent he or she deems 29 feasible, use data sources established or maintained by the city for 30 other programs or operations in order to minimize administrative burdens 31 on contractors and subcontractors, provided that where the director 32 determines that such data sources cannot be used to complete such 33 report, the director may adopt rules requiring contractors and subcon- 34 tractors to provide such additional data necessary to complete this 35 report, and to certify the accuracy of such additional information. 36 Nothing in this subdivision shall be interpreted to authorize the direc- 37 tor to promulgate rules requiring labor organizations to provide infor- 38 mation on a regular basis to complete such reports. 39 d. Best efforts. (1) In determining whether a contractor or subcon- 40 tractor has exercised best efforts to meet the employment goals estab- 41 lished pursuant to subdivision a of this section, the director shall 42 consider the degree to which the contractor or subcontractor has endeav- 43 ored: 44 (i) to review economically disadvantaged region candidates' and 45 economically disadvantaged candidates' qualifications, as applicable, in 46 good faith; 47 (ii) to advertise employment opportunities, as applicable, in a manner 48 reasonably intended to attract qualified economically disadvantaged 49 candidates or economically disadvantaged region candidates, except that 50 contractors and subcontractors performing construction work pursuant to 51 a project labor agreement shall not be required to advertise employment 52 opportunities for construction work; 53 (iii) to coordinate with referral sources or apprenticeship programs, 54 as applicable, in order to employ such candidates identified by such 55 referral sources or apprenticeship programs, provided that for contrac- 56 tors and subcontractors performing construction work pursuant to a
S. 7387--A 8 1 project labor agreement, the director shall only consider the degree to 2 which the contractor or subcontractor has endeavored to meet such goals 3 by complying with the referral provisions of such project labor agree- 4 ment; 5 (iv) to review and organize the work under the transaction in order to 6 eliminate obstacles to meeting such employment goals; 7 (v) to monitor and to document the contractor's or subcontractor's 8 efforts to meet the employment goals; 9 (vi) to contact the office of community hiring and workforce develop- 10 ment at routine intervals, or as otherwise required by rule, to inform 11 the director of the contractor's or subcontractor's efforts to meet the 12 employment goals; and 13 (vii) to take all other commercially reasonable actions to meet the 14 employment goals. 15 (2) In order to exercise best efforts, neither contractors nor subcon- 16 tractors are required: 17 (i) to undertake an undue financial burden; 18 (ii) to terminate or reduce the work levels of any of a contractor's 19 or subcontractor's existing employees; 20 (iii) to extend an offer of employment to an individual whose labor 21 would not be commercially useful; 22 (iv) to forgo filling building service opportunities with absorption 23 hires; or 24 (v) to forgo requesting, employing, or hiring any individuals or 25 assigning individuals to perform construction work in accordance with 26 the terms of: 27 (A) an agreement with a union referral system to which a contractor or 28 subcontractor is a signatory; or 29 (B) an agreement with a referral source for the sourcing of labor to 30 which a contractor or subcontractor is a signatory, provided that such 31 contractor or subcontractor demonstrates to the satisfaction of the 32 director that such agreement was entered into in furtherance of a bona 33 fide interest in sourcing labor. 34 e. Discretionary application of goals. Notwithstanding any other 35 provision of this section, employment goals authorized under paragraphs 36 six, seven, eight and nine of subdivision a of this section may, but are 37 not required to be, established for transactions that are emergency 38 procurement contracts procured pursuant to the procedure set forth in 39 section three hundred fifteen of this charter. 40 f. Adjustment of construction goals for project labor agreements. 41 Where the city has entered or enters into a project labor agreement and 42 such project labor agreement includes numerical goals regarding the 43 sourcing of economically disadvantaged region candidates and appren- 44 tices, such numerical goals set forth in such project labor agreement 45 shall apply to transactions subject to such project labor agreement. 46 g. Wage payment assurances. The director may promulgate rules setting 47 forth standards and a procedure by which contractors and subcontractors 48 that the director has determined have a record of failing to pay wages, 49 including but not limited to prevailing wages and benefits required 50 pursuant to article eight of the labor law, to individuals performing 51 construction work under a transaction shall be required to provide addi- 52 tional assurances acceptable to the director in order to receive credit 53 towards the achievement of employment goals set forth in paragraph seven 54 of subdivision a of this section. 55 § 3. Subparagraphs (x) and (xi) of paragraph a of subdivision 36 of 56 section 2590-h of the education law, as amended by chapter 98 of the
S. 7387--A 9 1 laws of 2019, are amended and a new subparagraph (xii) is added to read 2 as follows: 3 (x) a process for emergency procurement in the case of an unforeseen 4 danger to life, safety, property or a necessary service provided that 5 such procurement shall be made with such competition as is practicable 6 under the circumstances and that a written determination of the basis 7 for the emergency procurement shall be required and filed with the comp- 8 troller of the city of New York when such emergency contract is filed 9 with such comptroller; [and] 10 (xi) procedures for the fair and equitable resolution of contract 11 disputes[.]; and 12 (xii) employment goals established in accordance with the program 13 established pursuant to section thirty-five hundred two of the New York 14 city charter, including but not limited to employment goals established 15 pursuant to paragraph seven of subdivision a and the corresponding best 16 efforts provisions set forth in subdivision d of such section; provided, 17 however, that where a provision of such section requires action by the 18 director of the office of community hiring and workforce development, 19 such action shall not be taken by the director of the office of communi- 20 ty hiring and workforce development but shall be taken by the chancellor 21 or his or her designee. 22 § 4. Subdivision (c) of section 917 of the general municipal law, as 23 separately amended by chapter 1082 of the laws of 1974 and chapter 239 24 of the laws of 2001, is amended to read as follows: 25 (c) For the benefit of the city and the inhabitants thereof an indus- 26 trial development agency, to be known as the New York City Industrial 27 Development Agency, is hereby established for the accomplishment of any 28 or all of the purposes specified in title one of article eighteen-A of 29 this chapter, except that it shall not have the power to construct or 30 rehabilitate any residential facility or housing of any nature and kind 31 whatsoever, nor shall it use any of its funds to further the 32 construction or rehabilitation of any residential facility or housing of 33 any nature and kind whatsoever. It shall constitute a body corporate and 34 politic, and be perpetual in duration. It shall only have the powers and 35 duties conferred by title one of article eighteen-A of this chapter upon 36 industrial development agencies as of January 1, 1973 except that it 37 shall have the power to finance a rail freight facility and the power to 38 establish employment goals in accordance with the program established 39 pursuant to section thirty-five hundred two of the New York city char- 40 ter, including but not limited to employment goals established pursuant 41 to paragraph seven of subdivision a and the corresponding best efforts 42 provisions set forth in subdivision d of such section; provided, howev- 43 er, that where a provision of such section requires action by the direc- 44 tor of the office of community hiring and workforce development, such 45 action shall not be taken by the director of the office of community 46 hiring and workforce development but shall be taken by the chief execu- 47 tive officer of the agency or his or her designee, and it shall not have 48 the power of condemnation. In the exercise of the powers conferred upon 49 such agency with respect to the acquisition of real property by article 50 eighteen-A of this chapter such agency shall be limited to the geograph- 51 ical jurisdictional limits of the city. 52 § 5. Section 816-b of the labor law, as added by chapter 571 of the 53 laws of 2001, is amended to read as follows: 54 § 816-b. Apprenticeship participation on [construction] certain 55 governmental contracts. 1. For purposes of this section:
S. 7387--A 10 1 (a) "governmental entity" shall mean the state, any state agency, as 2 that term is defined in section two-a of the state finance law, munici- 3 pal corporation, commission appointed pursuant to law, school district, 4 district corporation, board of education, board of cooperative educa- 5 tional services, soil conservation district, and public benefit corpo- 6 ration; [and] 7 (b) "construction contract" shall mean any contract to which a govern- 8 mental entity may be a direct or indirect party which involves the 9 design, construction, reconstruction, improvement, rehabilitation, main- 10 tenance, repair, furnishing, equipping of or otherwise providing for any 11 building, facility or physical structure of any kind; and 12 (c) "city governmental entity" shall mean a governmental entity that 13 is (i) a city with a population of one million or more inhabitants; or 14 (ii) a city school district or public benefit corporation operating 15 primarily within a city with a population of one million or more inhab- 16 itants. 17 2. Notwithstanding any other provision of this article, of section one 18 hundred three of the general municipal law, of section one hundred thir- 19 ty-five of the state finance law, of section one hundred fifty-one of 20 the public housing law, or of any other general, special or local law or 21 administrative code, in entering into any construction contract, a 22 governmental entity [which], including any city governmental entity, 23 that is to be a direct or indirect party to such contract may require 24 that any contractors and subcontractors have, prior to entering into 25 such contract, apprenticeship agreements appropriate for the type and 26 scope of work to be performed, that have been registered with, and 27 approved by, the commissioner pursuant to the requirements found in this 28 article. A city governmental entity that is a direct or indirect party 29 to a contract may establish in its specifications a requirement that, in 30 performing the work, the contractor and its subcontractors utilize a 31 minimum ratio of apprentices to journey-level workers, as established by 32 the governmental entity but subject to any maximum ratio established by 33 the department, for any classification appropriate for the type and 34 scope of work to be performed, provided that no such minimum ratio shall 35 be established for labor performed pursuant to a construction contract. 36 Whenever utilizing [this requirement] these requirements, the govern- 37 mental entity may, in addition to whatever considerations are required 38 by law, consider the degree to which career opportunities in apprentice- 39 ship training programs approved by the commissioner may be provided. 40 § 6. Notwithstanding any provision of law to the contrary, any city- 41 affiliated not-for-profit corporation, as such term is defined in 42 section 3501 of the New York city charter, is authorized to establish 43 employment goals in accordance with the program established pursuant to 44 section 3502 of such charter, including but not limited to employment 45 goals established pursuant to paragraph 7 of subdivision a of such 46 section and the corresponding best efforts provisions set forth in 47 subdivision d of such section; provided, however, that where a provision 48 of such section requires action by the director of the office of commu- 49 nity hiring and workforce development of the city of New York, such 50 action shall not be taken by the director of the office of community 51 hiring and workforce development but shall be taken by the chief execu- 52 tive officer of such corporation, or a duly appointed designee. 53 § 7. Section 1728 of the public authorities law is amended by adding a 54 new subdivision 15-a to read as follows: 55 15-a. To establish employment goals in accordance with the program 56 established pursuant to section thirty-five hundred two of the New York
S. 7387--A 11 1 city charter, including but not limited to employment goals established 2 pursuant to paragraph seven of subdivision a and the corresponding best 3 efforts provisions set forth in subdivision d of such section; provided, 4 however, that where a provision of such section requires action by the 5 director of the office of community hiring and workforce development, 6 such action shall not be taken by the director of the office of communi- 7 ty hiring and workforce development but shall be taken by the president 8 of the authority or his or her designee; 9 § 8. Section 5 of section 1 of chapter 1016 of the laws of 1969, 10 constituting the New York city health and hospitals corporation act, is 11 amended by adding a new subdivision 20-a to read as follows: 12 20-a. To establish employment goals in accordance with the program 13 established pursuant to section 3502 of the New York city charter, 14 including but not limited to employment goals established pursuant to 15 paragraph 7 of subdivision a and the corresponding best efforts 16 provisions set forth in subdivision d of such section; provided, howev- 17 er, that where a provision of such section requires action by the direc- 18 tor of the office of community hiring and workforce development, such 19 action shall not be taken by the director of the office of community 20 hiring and workforce development but shall be taken by a duly appointed 21 designee of the corporation; and 22 § 9. No provision of this act shall be construed to invalidate any 23 provision of a project labor agreement, as such term is defined in 24 section 3501 of the New York city charter, as added by section two of 25 this act, or otherwise affect the contractual rights of any party to 26 such an agreement. 27 § 10. Severability. If any clause, sentence, paragraph, or section of 28 this act is declared invalid or unconstitutional by any court of compe- 29 tent jurisdiction, after exhaustion of all further judicial review, such 30 portion shall be deemed severable, and the court's judgment shall not 31 affect, impair, or invalidate the remainder of this act, but shall be 32 confined in its operation to the clause, sentence, paragraph, or section 33 of this act directly involved in the controversy in which the judgment 34 was rendered. 35 § 11. This act shall take effect on the one hundred eightieth day 36 after it shall have become a law; provided that: 37 (a) sections one, two, four, five, six, seven, eight, and nine of this 38 act shall expire and be deemed repealed seven years after the effective 39 date of this act, provided that such expiration and repeal shall not 40 affect any transaction, as such term is defined by section 3501 of the 41 New York city charter, as added by section two of this act, entered into 42 or for which a solicitation was released prior to such expiration and 43 repeal, or to any renewals, extensions, modifications, or amendments to 44 such transaction; and 45 (b) the amendments to paragraph a of subdivision 36 of section 2590-h 46 of the education law made by section three of this act shall not affect 47 the expiration of such subdivision and section pursuant to section 34 of 48 chapter 91 of the laws of 2002 and subdivision 12 of section 17 of chap- 49 ter 345 of the laws of 2009, as amended, and shall expire and be deemed 50 repealed therewith, or seven years after this act takes effect, whichev- 51 er occurs earlier, provided that such expiration and repeal shall not 52 affect any transaction entered into or for which a solicitation was 53 released prior to such expiration and repeal, or to any renewals, exten- 54 sions, modifications, or amendments to such transaction. 55 Effective immediately, the addition, amendment and/or repeal of any 56 rule or regulation necessary for the implementation of this act on its
S. 7387--A 12 1 effective date are authorized to be made and completed on or before such 2 effective date by the director of the office of community hiring and 3 workforce development of the city of New York, the chancellor and the 4 city board of the city school district of the city of New York, the 5 president of the New York city school construction authority, the duly 6 appointed designee of the New York city health and hospital corporation, 7 the chief executive officer of the New York city industrial development 8 agency, and the chief executive officer of any city-affiliated not-for- 9 profit corporation, as such term is defined by section 3501 of the New 10 York city charter, as added by section two of this act.