A. 8209 2
d. Any contracts or leases entered into by the trustees of the state
university of New York pursuant to this section shall require the lessee
or contracting not-for-profit corporation to comply with the require-
ments of article fifteen-A of the executive law. Any contract or lease
for construction, rehabilitation, or other improvement authorized by
this section entered into by the trustees shall require the lessee or
contractor and/or subcontractor to comply with the requirements of
section two hundred twenty, two hundred thirty, two hundred thirty-one,
two hundred forty and two hundred forty-one of the labor law, where
applicable, as well as [sections one hundred one and] SECTION one
hundred three of the general municipal law, where applicable;
S 4. Subdivision 11 of section 407-a of the education law, as added by
chapter 737 of the laws of 1988, is amended to read as follows:
11. Any contract undertaken or financed by the dormitory authority for
any construction, reconstruction, rehabilitation or improvement for any
special act school district shall comply with the provisions of
[sections one hundred one and] SECTION one hundred three of the general
municipal law.
S 5. Subdivision 1 of section 458 of the education law is REPEALED and
subdivisions 2 and 2-a are renumbered subdivisions 1 and 2.
S 6. Subdivision 1 of section 482 of the education law is REPEALED and
subdivisions 2 and 2-a are renumbered subdivisions 1 and 2.
S 7. Subdivision 3 of section 1726 of the education law, as added by
chapter 198 of the laws of 1973, is amended to read as follows:
3. Such agreements shall be subject to the bidding requirements of the
general municipal law[, except that the provisions of section one
hundred one of the general municipal law shall not apply to lease or
lease-purchase of pre-manufactured items delivered to the site, but
shall apply to installation and other work to be performed on the site].
S 8. Subdivision (b) of section 6281 of the education law is REPEALED.
S 9. Subparagraph 4 of paragraph c of subdivision 2 of section 27-0707
of the environmental conservation law, as amended by chapter 70 of the
laws of 1988, is amended to read as follows:
(4) the applicant has received or will receive the written opinion of
counsel to each [muncipality] MUNICIPALITY or public authority which has
entered into a contract, lease or rental agreement with the proposed
facility that such contract, lease or rental agreement is in compliance
with the applicable requirements of sections [one hundred one,] one
hundred three and one hundred twenty-w of the general municipal law.
S 10. The closing paragraph of section 99-q of the general municipal
law, as added by chapter 825 of the laws of 1987, is amended to read as
follows:
All contracts entered into pursuant to the provisions of this section
shall be subject to the provisions of [sections one hundred one and]
SECTION one hundred three of this chapter.
S 11. The opening paragraph of paragraph (e) of subdivision 4 of
section 120-w of the general municipal law, as amended by chapter 552 of
the laws of 1980, is amended to read as follows:
It is the intent of the legislature that overall cost should in all
cases be a major criterion in the selection of contractors for award of
contracts pursuant to this section and that, wherever practical, such
contracts which include construction work should be procured through
competitive bidding procedures as prescribed by [sections one hundred
one and] SECTION one hundred three of this chapter. It is further the
intent of the legislature to acknowledge the highly complex and innova-
tive nature of resource recovery technology for processing mixed solid
A. 8209 3
waste, the relative newness of the variety of resource recovery systems
now available, the desirability of a single point of responsibility for
the development of facilities and the economic and technical utility of
contracts for resource recovery projects which include in their scope
various combinations of design, construction, operation, management
and/or maintenance responsibilities over prolonged periods of time and
that in some instances it may be beneficial to the municipality to award
a contract on the basis of factors other than cost alone, including but
not limited to facility design, system reliability, energy efficiency,
compatibility with source separation and other recycling systems and
environmental protection. Accordingly, and notwithstanding the
provisions of any general, special or local law or charter, a contract
entered into between a municipality and any person pursuant to this
section may be awarded pursuant to public bidding in compliance with
[sections one hundred one and] SECTION one hundred three of this chapter
or pursuant to the following provisions for the award of a contract
based on evaluation of proposals submitted in response to a request for
proposals prepared by or for the municipality:
S 12. Section 1136 of the public authorities law, as added by chapter
592 of the laws of 1991, is amended to read as follows:
S 1136. Construction and purchase contracts. The authority shall let
contracts for construction or purchase of supplies, materials or equip-
ment pursuant to [sections one hundred one and] SECTION one hundred
three of the general municipal law. Nothing in this section shall be
construed to limit the powers of the authority to do any construction
directly by the officers, agents and employees of the authority.
S 13. Section 1137 of the public authorities law, as added by chapter
595 of the laws of 1991, is amended to read as follows:
S 1137. Construction and purchase contracts. The authority shall let
contracts for construction or purchase of supplies, materials, or equip-
ment pursuant to [sections one hundred one and] SECTION one hundred
three of the general municipal law. Nothing in this section shall be
construed to limit the power of the authority to do any construction
directly by the officers, agents and employees of the authority.
S 14. Section 1147-u of the public authorities law, as added by chap-
ter 691 of the laws of 1995, is amended to read as follows:
S 1147-u. Construction and purchase contracts. The authority shall let
contracts for construction or purchase of supplies, materials, or equip-
ment pursuant to [sections one hundred one and] SECTION one hundred
three of the general municipal law and shall be let in accordance with
the provisions of state law pertaining to prevailing wages, labor stand-
ards, and working hours. Nothing in this section shall be construed to
limit the power of the authority to do any construction directly by the
officers, agents and employees of the authority.
S 15. Section 1174-q of the public authorities law, as added by chap-
ter 491 of the laws of 1991, is amended to read as follows:
S 1174-q. Construction and purchase contracts. The authority shall let
contracts for construction or purchase of supplies, materials, or equip-
ment pursuant to [sections one hundred one and] SECTION one hundred
three of the general municipal law. Nothing in this section shall be
construed to limit the power of the authority to do any construction
directly by the officers, agents and employees of the authority or to
contract with a public utility, for a term not to exceed five years, for
the operation and maintenance of a water supply system acquired from
said public utility.
A. 8209 4
S 16. Section 1198-q of the public authorities law, as added by chap-
ter 868 of the laws of 1990, is amended to read as follows:
S 1198-q. Construction and purchase contracts. The authority shall let
contracts for construction or purchase of supplies, materials, or equip-
ment pursuant to [sections one hundred one and] SECTION one hundred
three of the general municipal law. Nothing in this section shall be
construed to limit the power of the authority to do any construction
directly by the officers, agents and employees of the authority or to
contract with a public utility, for a term not to exceed five years, for
the operation and maintenance of a water supply system acquired from
said public utility.
S 17. Section 1199-qqq of the public authorities law, as added by
chapter 678 of the laws of 1990, is amended to read as follows:
S 1199-qqq. Construction and purchase contracts. The authority shall
let contracts for construction or purchase of supplies, materials, or
equipment pursuant to [sections one hundred one and] SECTION one hundred
three of the general municipal law. Nothing in this section shall be
construed to limit the power of the authority to do any construction
directly by the officers, agents and employees of the authority.
S 18. Section 1199-qqqq of the public authorities law, as added by
chapter 195 of the laws of 1995, is amended to read as follows:
S 1199-qqqq. Construction and purchase contracts. The authority shall
let contracts for construction or purchase of supplies, materials, or
equipment pursuant to [sections one hundred one and] SECTION one hundred
three of the general municipal law and shall be let in accordance with
the provisions of state law pertaining to prevailing wages, labor stand-
ards, and working hours. Nothing in this section shall be construed to
limit the power of the authority to do any construction directly by the
officers, agents and employees of the authority.
S 19. The closing paragraph of subdivision 13 of section 1678 of the
public authorities law, as added by chapter 825 of the laws of 1987, is
amended to read as follows:
Any contract undertaken or financed by the dormitory authority for any
construction, reconstruction, rehabilitation or improvement of any court
facilities or combined occupancy structures shall comply with the
provisions of [sections one hundred one and] SECTION one hundred three
of the general municipal law.
S 20. The opening paragraph of paragraph a of subdivision 2 of section
1680 of the public authorities law, as amended by section 25 of part II
of chapter 59 of the laws of 2004, is amended to read as follows:
The dormitory authority is hereby authorized and empowered upon appli-
cation of the educational institution concerned to acquire, design,
construct, reconstruct, rehabilitate and improve, or otherwise provide
and furnish and equip dormitories and attendant facilities for any
educational institution, provided that THE SPECIFICATIONS FOR any
contract undertaken or financed by the dormitory authority for any
construction, reconstruction, rehabilitation or improvement of any
building or structure commenced after September first, nineteen hundred
seventy-four for the Gananda school district or the Gananda educational
facilities corporation, or any agency, board or commission therein, or
any official thereof, [shall comply with the provisions of section one
hundred one of the general municipal law and the specifications for such
contract] may provide for assignment of responsibility for coordination
of any of the contracts for such work to a single responsible and quali-
fied person, firm or corporation; [provided, however, that all contracts
for construction of buildings on behalf of Queens Hospital Center shall
A. 8209 5
be in conformity with the provisions of section one hundred one of the
general municipal law;] provided that any contracts for the
construction, reconstruction, rehabilitation or improvement of any
public work project undertaken by the dormitory authority of any facili-
ty for the aged for any political subdivision of the state or any
district therein or agency, department, board or commission thereof, or
any official thereof, shall comply with the provisions of section one
hundred thirty-five of the state finance law; and provided further that
any contract undertaken or financed by the dormitory authority for any
construction, reconstruction, rehabilitation or improvement of any
building commenced after January first, nineteen hundred eighty-nine for
the department of health shall comply with the provisions of section one
hundred thirty-five of the state finance law.
S 21. Subdivision 1 of section 1734 of the public authorities law, as
added by chapter 738 of the laws of 1988, is amended to read as follows:
1. [a.] All contracts for the construction, reconstruction, improve-
ment, rehabilitation, maintenance, repair, furnishing, equipping of or
otherwise providing for educational facilities for the city board may be
awarded in accordance with the provisions of this section, notwithstand-
ing the provisions of section eight of the public buildings law, section
one hundred three of the general municipal law, section one hundred
thirty-five of the state finance law, section seven of the New York
state financial emergency act for the city of New York or of any other
provision of general, special or local law, charter or administrative
code.
[b. The authority shall be subject to the provisions of section one
hundred one of the general municipal law.]
S 22. Section 1735 of the public authorities law, as added by chapter
738 of the laws of 1988, subdivision 1 as amended by chapter 345 of the
laws of 2009, subdivision 4 as amended by chapter 491 of the laws of
2000 and subdivision 6 as amended by chapter 523 of the laws of 2010, is
amended to read as follows:
S 1735. Certain contracts of the authority. 1. [Notwithstanding the
provisions of paragraph b of subdivision one of section seventeen
hundred thirty-four of this title, the award of construction contracts
by the authority between July first, nineteen hundred eighty-nine and
June thirtieth, two thousand fourteen, shall not be subject to the
provisions of section one hundred one of the general municipal law.
2.] Notice of the invitation for bids for contracts to be awarded
pursuant to this section shall state the time and place of the receipt
and opening of bids.
[3] 2. All bidders shall submit to the authority, prior to the open-
ing of a bid for the award of a contract under this section, a sealed
list identifying the names of each subcontractor each contractor
proposes to utilize under the contract for the performance of the
following subdivisions of work:
a. Plumbing and gas fitting;
b. Steam heating, hot water heating, ventilating and air conditioning
apparatus; and
c. Electric wiring and standard illuminating fixtures.
The low bidder shall specify in such list the estimated value to be
paid each such subcontractor for the work to be performed by such
subcontractor. After the authority has announced the low bidder at the
bid opening, the authority shall open only such low bidder's separate
sealed list and shall read aloud such subcontractors listed therein. All
such sealed lists except those of the low bidder shall be returned
A. 8209 6
unopened to their respective contractors following the awarding of a
contract.
[4] 3. The authority shall establish a committee to review and report
on contracts issued pursuant to this section and on the procedures and
methodology of the authority in awarding such contracts. The review
shall include, but not be limited to, the degree to which contractors
awarded contracts pursuant to [such paragraph] THIS SECTION, and the
subcontractors utilized by them, utilize employees who are represented
by labor organizations, comply with existing labor standards, maintain
harmonious labor relations and recognize state approved apprentice
programs. The committee shall, from time to time, issue economic and
statistical reports dealing with the costs of construction under this
article. Such reports shall deal with the costs of labor, material,
equipment and profit. The committee shall have no authority to approve
or disapprove contracts. The committee shall be composed of two repre-
sentatives from the authority, one representative from the board, two
representatives from construction-related labor organizations and two
representatives from the construction industry, at least one of whom
shall be involved in the subdivisions of work described in subdivision
[three] TWO of this section. The president of the authority shall desig-
nate the members of the committee, provided, however, that the president
shall designate the representatives of labor organizations from a list
of names submitted by the New York state AFL-CIO.
[5] 4. In awarding contracts pursuant to this section the authority
shall, in addition to the factors set forth in subdivision three of
section seventeen hundred thirty-four of this title, consider the
following factors when establishing a list of pre-qualified bidders for
construction work: (a) the degree to which a contractor or subcontractor
utilizes employees who are represented by a labor organization; (b) the
absence of any intentional misrepresentation with regard to lists of
subcontractors previously submitted pursuant to the provisions of subdi-
vision [two] ONE of this section; and (c) the record of the bidder in
complying with existing labor standards, maintaining harmonious labor
relations and recognizing state approved apprentice programs.
[6] 5. The authority shall provide in its construction, erection or
alteration contracts which implement a five year educational facilities
capital plan a provision that shall require each contractor to make
prompt payment to its subcontractors performing each subdivision of work
listed in subdivision [three] TWO of this section. Within seven calendar
days of the receipt of any payment from the authority, the contractor
shall pay to each such subcontractor that portion of the proceeds of
such payment representing the value of the work performed by such
subcontractor, based upon the actual value of the subcontract, which has
been approved and paid for by the authority, less an amount necessary to
satisfy any claims, liens or judgments against the subcontractor which
have not been suitably discharged and less any amount retained by the
contractor as provided herein. For such purpose, the subcontract may
provide that the contractor may retain not more than five per centum of
each payment to the subcontractor or not more than ten per centum of
each such payment if prior to entering into the subcontract the subcon-
tractor is unable or unwilling to provide, at the request of the
contractor, a performance bond and a labor and material bond both in the
amount of the subcontract.
At the time of making a payment to the contractor for work performed
by the subcontractors set forth in subdivision [three] TWO of this
section, the authority shall file in its office for review a record of
A. 8209 7
such payment. If any such subcontractor shall notify the authority and
the contractor in writing that the contractor has failed to make a
payment to it as provided herein and the contractor shall fail, within
five calendar days after receipt of such notice, to furnish either proof
of such payment or notice that the amount claimed by the subcontractor
is in dispute, the authority shall withhold from amounts then or there-
after becoming due and payable to the contractor, other than from
amounts becoming due and payable to the contractor representing the
value of work approved by the authority and performed by other subcon-
tractors and which the contractor is required to pay to such subcontrac-
tors within seven calendar days as herein provided, an amount equal to
one hundred fifty percent of that portion of the authority's prior
payment to the contractor which the subcontractor claims to be due it,
shall remit the amount when and so withheld to the subcontractor and
deduct such payment from the amounts then otherwise due and payable to
the contractor, which payment shall, as between the contractor and the
authority, be deemed a payment by the authority to the contractor. In
the event the contractor shall notify the authority as above provided
that the claim of the subcontractor is in dispute, the authority shall
withhold from amounts then or thereafter becoming due and payable to the
contractor, other than from amounts becoming due and payable to the
contractor representing the value of work approved by the authority and
performed by other subcontractors and which the contractor is required
to pay to such subcontractors within seven calendar days as herein
provided, an amount equal to one hundred fifty percent of that portion
of the authority's prior payment to the contractor which the subcontrac-
tor claims to be due it and deposit such amount when and so withheld in
a separate interest-bearing account pending resolution of the dispute,
and the amount so deposited together with the interest thereon shall be
paid to the party or parties ultimately determined to be entitled there-
to, or until the contractor and subcontractor shall otherwise agree as
to the disposition thereof. In the event the authority shall be
required to withhold amounts from a contractor for the benefit of more
than one subcontractor, the amounts so withheld shall be applied to or
for such subcontractors in the order in which the written notices of
nonpayment have been received by the authority, and if more than one
such notice was received on the same day, proportionately based upon the
amount of the subcontractor claims received on such day. Notwithstanding
the foregoing, in lieu of withholding such amount or amounts in dispute,
the contractor may post a bond or other form of undertaking guaranteeing
payment of such disputed amounts. Nothing herein contained shall prevent
the authority from commencing an interpleader action to determine enti-
tlement to a disputed payment in accordance with section one thousand
six of the civil practice law and rules, or any successor provision
thereto. In the event the authority does not withhold the required
amounts within sixty days after the written notification from the
subcontractor regarding failure of the contractor to make payment, the
subcontractor may file a lien under article two of the lien law as the
sole remedy in lieu of the remedy provided under this subdivision.
Payment to a subcontractor shall not relieve the contractor from
responsibility for the work covered by the payment. Except as otherwise
provided, nothing contained herein shall create any obligation on the
part of the authority to pay any subcontractor, nor shall anything
provided herein serve to create any relationship in contract or other-
wise, implied or expressed, between the subcontractor and the authority.
A. 8209 8
The provisions of this subdivision shall not be applicable to the
subcontractors of a contractor whose contract is limited to the perform-
ance of a single subdivision of work listed in subdivision [three] TWO
of this section.
[7] 6. The provisions of this section shall cease to be in effect in
the event any of the provisions of this section shall be adjudged to be
invalid by the final judgment of a court of competent jurisdiction from
which judgment all appeals or applications for relief have been
exhausted or the time therefor has expired, provided, however, that such
appeals or applications are pursued promptly.
S 23. Section 2052-k of the public authorities law, as added by chap-
ter 683 of the laws of 1992, is amended to read as follows:
S 2052-k. Construction and purchase contracts. The authority shall let
contracts for construction or purchase of supplies, materials, or equip-
ment pursuant to [sections one hundred one and] SECTION one hundred
three of the general municipal law. Nothing in this section shall be
construed to limit the powers of the authority to do any construction
directly by the officers, agents and employees of the authority.
S 24. Subdivision 1 of section 2680-q of the public authorities law,
as added by chapter 632 of the laws of 1999, is amended to read as
follows:
1. The authority shall let contracts for construction or purchase of
supplies, materials, or equipment pursuant to [sections one hundred one
and] SECTION one hundred three of the general municipal law. Nothing in
this section shall be construed to limit the powers of the authority to
do any construction directly by the officers, agents and employees of
the authority.
S 25. The opening paragraph of subdivision 9 of section 3303 of the
public authorities law, as added by chapter 11 of the laws of 1997, is
amended to read as follows:
It is the intent of the legislature that overall cost should in all
cases be a major criterion in the selection of project developers for
award of contracts pursuant to this section and that, wherever practi-
cal, such contracts should be entered into through competitive bidding
procedures as prescribed by [sections one hundred one and] SECTION one
hundred three of the general municipal law. It is further the intent of
the legislature to acknowledge the highly complex and innovative nature
of medical technology, diagnostic and treatment devices, the relative
newness of a variety of devices, processes and procedures now available,
the desirability of a single point of responsibility for the development
of medical treatment and diagnostic facilities and the economic and
technical utility of contracts for medical projects which include in
their scope various combinations of design, construction, operation,
management and/or maintenance responsibility over prolonged periods of
time and that in some instances it may be beneficial to the corporation
to award a contract for a medical project on the basis of factors other
than cost alone, including but not limited to facility design, system
reliability, efficiency, safety, and compatibility with other elements
of patient care. Accordingly, and notwithstanding the provisions of any
general, special or local law or chapter, a contract for a medical
project entered into between the corporation and any project developer
pursuant to this section may be awarded pursuant to public bidding in
compliance with [sections one hundred one and] SECTION one hundred three
of the general municipal law or pursuant to the following provisions for
the award of a contract based on evaluation of proposals submitted in
response to a request for proposals prepared by or for the corporation:
A. 8209 9
S 26. The opening paragraph of subdivision 8 of section 3402 of the
public authorities law, as added by chapter 9 of the laws of 1997, is
amended to read as follows:
It is the intent of the legislature that overall cost should in all
cases be a major criterion in the selection of project developers for
award of contracts pursuant to this section and that, wherever practi-
cal, such contracts should be entered into pursuant to the provisions of
[sections one hundred one and] SECTION one hundred three of the general
municipal law. It is further the intent of the legislature to acknowl-
edge the highly complex and innovative nature of medical technology,
diagnostic and treatment devices, the relative newness of a variety of
devices, processes and procedures now available, the desirability of a
single point of responsibility for the development of medical treatment
and diagnostic facilities and the economic and technical utility of
contracts for medical projects which include in their scope various
combinations of design, construction, operation, management and/or main-
tenance responsibility over prolonged periods of time and that in some
instances it may be beneficial to the corporation to award a contract
for a medical project on the basis of factors other than capital cost
alone, including but not limited to facility design, system reliability,
efficiency, safety, long-term operating costs and compatibility with
other elements of patient care. Accordingly, and notwithstanding the
provisions of any general, special or local law or chapter, a contract
for a medical project entered into between the corporation and any
project developer pursuant to this section may be awarded pursuant to
public bidding in compliance with [sections one hundred one and] SECTION
one hundred three of the general municipal law or pursuant to the
following provisions for the award of a contract based on evaluation of
proposals submitted in response to a request for proposals prepared by
or for the corporation:
S 27. The opening paragraph of subdivision 8 of section 3603 of the
public authorities law, as added by chapter 507 of the laws of 1999, is
amended to read as follows:
It is the intent of the legislature that overall costs should in all
cases [by] BE a major criterion in the selection of project developers
for the award of contracts pursuant to this section and that, wherever
practical, such contracts should be entered into through competitive
bidding procedures as prescribed by [sections one hundred one and]
SECTION one hundred three of the general municipal law. It is further
the intent of the legislature to acknowledge the highly complex and
innovative nature of medical technology, diagnostic and treatment
devices, the relative newness of a variety of devices, processes and
procedures now available, the desirability of a single point of respon-
sibility for the development of medical treatment and diagnostic facili-
ties and the economic and technical utility of contracts for medical
projects which include in their scope various combinations of design,
construction, operation, management and/or maintenance responsibility
over prolonged periods of time. In some instances it may be beneficial
to the corporation to award a contract for a medical project on the
basis of factors other than cost alone, including but not limited to
facility design, system reliability, efficiency, safety, and compatibil-
ity with other elements of patient care. Accordingly, and notwithstand-
ing the provisions of any general, special or local law, a contract for
a medical project entered into between the corporation and any project
developer pursuant to this article may be awarded pursuant to public
bidding in compliance with [sections one hundred one and] SECTION one
A. 8209 10
hundred three of the general municipal law or pursuant to the following
provisions for the award of a contract based on evaluation of proposals
submitted in response to a request for proposals prepared by or for the
corporation:
S 28. The opening paragraph of subdivision 10 of section 3628 of the
public authorities law, as added by chapter 143 of the laws of 2003, is
amended to read as follows:
It is the intent of the legislature that overall cost shall in all
cases be a major criterion in the selection of project developers for
award of contracts pursuant to this section and that, whenever practi-
cal, such contracts shall be entered into through competitive bidding
procedures, as prescribed by [sections one hundred one and] SECTION one
hundred three of the general municipal law. It is further the intent of
the legislature to acknowledge the highly complex and innovative nature
of medical technology and diagnostic and treatment devices, the relative
newness of a variety of devices, processes, and procedures now avail-
able, the desirability of a single point of responsibility for the
development of medical treatment and diagnostic facilities, and the
economic and technical utility of contracts for medical projects which
include in their scope various combinations of design, construction,
operation, management, or maintenance responsibility, or any combination
thereof, over prolonged periods of time, and to acknowledge that, in
some instances, it may be beneficial to the corporation to award a
contract for a medical project on the basis of factors other than cost
alone, including, but not limited to, facility design, system reliabil-
ity, efficiency, safety, and compatibility with other elements of
patient care. Accordingly, and notwithstanding the provisions of any
general, special, or local law or charter, a contract for a medical
project entered into between the corporation and any project developer
pursuant to this section may be awarded pursuant to public bidding in
compliance with [sections one hundred one and] SECTION one hundred three
of the general municipal law or pursuant to the following provisions for
the award of a contract based on an evaluation of proposals submitted in
response to a request for proposals prepared by or for the corporation:
S 29. This act shall take effect on the one hundred eightieth day
after it shall have become a law; provided, however, that the amendments
to section 1735 of the public authorities law made by section twenty-two
of this act shall not affect the repeal of such section and shall be
deemed repealed therewith.