S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 8487--A

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                             October 9, 2015
                               ___________

Introduced  by  M. of A. GLICK, BRENNAN, PEOPLES-STOKES, BLAKE, SIMOTAS,
  SCHIMEL, TITONE, LIFTON, CAHILL, ORTIZ, SEAWRIGHT  --  Multi-Sponsored
  by  --  M.  of  A.  BRONSON,  CUSICK,  ENGLEBRIGHT, GOTTFRIED, MARKEY,
  MOSLEY, SIMON -- read once and referred to the  Committee  on  Govern-
  mental  Operations  --  recommitted  to  the Committee on Governmental
  Operations in accordance with Assembly Rule 3,  sec.  2  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

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:

  Section  1.  The executive law is amended by adding a new article 15-D
to read as follows:
                              ARTICLE 15-D
          EQUAL PAY DISCLOSURE WITH RESPECT TO STATE CONTRACTS
SECTION 328-B. DEFINITIONS.
        328-C. EQUAL PAY DISCLOSURE; REPORTING.
        328-D. PROHIBITIONS IN CONTRACTS; VIOLATIONS.
  S 328-B. DEFINITIONS. AS USED IN THIS  ARTICLE,  THE  FOLLOWING  TERMS
SHALL HAVE THE FOLLOWING MEANINGS:
  1. "EQUAL PAY REPORT" SHALL MEAN A SUMMARY OF DATA, IN A FORM CONSIST-
ENT  WITH REGULATIONS PROMULGATED BY THE COMPTROLLER PURSUANT TO SECTION
THREE HUNDRED TWENTY-EIGHT-C OF THIS ARTICLE, ON  EMPLOYEE  COMPENSATION
BY  SEX,  RACE,  ETHNICITY, SPECIFIED JOB CATEGORIES, AND OTHER RELEVANT
DATA.
  2. "CONTRACTING AGENCY" SHALL MEAN A STATE AGENCY WHICH IS A PARTY  OR
A PROPOSED PARTY TO A STATE CONTRACT OR, IN THE CASE OF A STATE CONTRACT
DESCRIBED  IN  PARAGRAPH (C) OF SUBDIVISION EIGHT OF THIS SECTION, SHALL
MEAN THE NEW YORK STATE  HOUSING  FINANCE  AGENCY,  HOUSING  TRUST  FUND
CORPORATION  OR  AFFORDABLE  HOUSING  CORPORATION, WHICHEVER HAS MADE OR

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11915-05-6
              

A. 8487--A                          2

PROPOSES TO MAKE THE GRANT  OR  LOAN  FOR  THE  STATE  ASSISTED  HOUSING
PROJECT.
  3.  "CONTRACTOR"  SHALL  MEAN  AN  INDIVIDUAL,  A BUSINESS ENTERPRISE,
INCLUDING  A  SOLE  PROPRIETORSHIP,  A  PARTNERSHIP,  A  CORPORATION,  A
NOT-FOR-PROFIT  CORPORATION,  OR ANY OTHER PARTY TO A STATE CONTRACT, AS
DEFINED IN SUBDIVISION EIGHT OF THIS SECTION OR A BIDDER IN  CONJUNCTION
WITH  THE  AWARD  OF  A  STATE  CONTRACT  OR A PROPOSED PARTY TO A STATE
CONTRACT. FOR THE PURPOSES  OF  THIS  ARTICLE,  "CONTRACTOR"  SHALL  NOT
INCLUDE  SMALL  BUSINESSES,  AS  DEFINED  IN  SUBDIVISION  NINE  OF THIS
SECTION.
  4. "LARGE COUNTY" SHALL MEAN A COUNTY HAVING A POPULATION IN EXCESS OF
TWO HUNDRED EIGHTY-FIVE THOUSAND ACCORDING TO THE  MOST  RECENT  FEDERAL
DECENNIAL CENSUS, PROVIDED HOWEVER, THAT A COUNTY HAVING A POPULATION IN
EXCESS OF TWO HUNDRED EIGHTY-FIVE THOUSAND ACCORDING TO THE TWO THOUSAND
TEN  FEDERAL DECENNIAL CENSUS SHALL CONTINUE TO BE A LARGE COUNTY THERE-
AFTER NOTWITHSTANDING A LATER CENSUS SHOWING A POPULATION OF  LESS  THAN
TWO HUNDRED EIGHTY-FIVE THOUSAND FOR SUCH COUNTY.
  5.  "METROPOLITAN  AREA"  SHALL  MEAN  A CITY WITH A POPULATION OF ONE
MILLION OR MORE AND A COUNTY  HAVING  A  POPULATION  IN  EXCESS  OF  ONE
MILLION AND IMMEDIATELY CONTIGUOUS TO SUCH CITY.
  6. "STATE AGENCY" SHALL MEAN:
  (A)(I)  ANY  STATE DEPARTMENT, OR (II) ANY DIVISION, BOARD, COMMISSION
OR BUREAU OF ANY STATE DEPARTMENT, OR (III) THE STATE UNIVERSITY OF  NEW
YORK  AND THE CITY UNIVERSITY OF NEW YORK, INCLUDING ALL THEIR CONSTITU-
ENT UNITS EXCEPT COMMUNITY COLLEGES  AND  THE  INDEPENDENT  INSTITUTIONS
OPERATING STATUTORY OR CONTRACT COLLEGES ON BEHALF OF THE STATE, OR (IV)
A  BOARD,  A  MAJORITY OF WHOSE MEMBERS ARE APPOINTED BY THE GOVERNOR OR
WHO SERVE BY VIRTUE OF BEING STATE OFFICERS OR EMPLOYEES AS  DEFINED  IN
SUBPARAGRAPH  (I),  (II), OR (III) OF THIS PARAGRAPH OR PARAGRAPH (I) OF
SUBDIVISION ONE OF SECTION SEVENTY-THREE OF THE PUBLIC OFFICERS LAW;
  (B) A "STATE AUTHORITY," AS DEFINED  IN  SUBDIVISION  ONE  OF  SECTION
SEVENTY-THREE OF THE PUBLIC OFFICERS LAW, AND THE FOLLOWING:
    ALBANY COUNTY AIRPORT AUTHORITY;
    ALBANY PORT DISTRICT COMMISSION;
    ALFRED, ALMOND, HORNELLSVILLE SEWER AUTHORITY;
    BATTERY PARK CITY AUTHORITY;
    CAYUGA COUNTY WATER AND SEWER AUTHORITY;
    (NELSON A. ROCKEFELLER) EMPIRE STATE PLAZA PERFORMING ARTS;
    CENTER CORPORATION;
    INDUSTRIAL EXHIBIT AUTHORITY;
    LIVINGSTON COUNTY WATER AND SEWER AUTHORITY;
    LONG ISLAND POWER AUTHORITY;
    LONG ISLAND RAIL ROAD;
    LONG ISLAND MARKET AUTHORITY;
    MANHATTAN AND BRONX SURFACE TRANSIT OPERATING AUTHORITY;
    METRO-NORTH COMMUTER RAILROAD;
    METROPOLITAN SUBURBAN BUS AUTHORITY;
    METROPOLITAN TRANSPORTATION AUTHORITY;
    NATURAL HERITAGE TRUST;
    NEW YORK CITY TRANSIT AUTHORITY;
    NEW YORK CONVENTION CENTER OPERATING CORPORATION;
    NEW YORK STATE BRIDGE AUTHORITY;
    NEW YORK STATE OLYMPIC REGIONAL DEVELOPMENT AUTHORITY;
    NEW YORK STATE THRUWAY AUTHORITY;
    NIAGARA FALLS PUBLIC WATER AUTHORITY;
    NIAGARA FALLS WATER BOARD;

A. 8487--A                          3

    PORT OF OSWEGO AUTHORITY;
    POWER AUTHORITY OF THE STATE OF NEW YORK;
    ROOSEVELT ISLAND OPERATING CORPORATION;
    SCHENECTADY METROPLEX DEVELOPMENT AUTHORITY;
    STATE INSURANCE FUND;
    STATEN ISLAND RAPID TRANSIT OPERATING AUTHORITY;
    STATE UNIVERSITY CONSTRUCTION FUND;
    SYRACUSE REGIONAL AIRPORT AUTHORITY;
    TRIBOROUGH BRIDGE AND TUNNEL AUTHORITY;
    UPPER MOHAWK VALLEY REGIONAL WATER BOARD;
    UPPER MOHAWK VALLEY REGIONAL WATER FINANCE AUTHORITY;
    UPPER MOHAWK VALLEY MEMORIAL AUDITORIUM AUTHORITY;
    URBAN DEVELOPMENT CORPORATION AND ITS SUBSIDIARY CORPORATIONS; AND
  (C)  THE  FOLLOWING  ENTITIES,  ONLY  TO THE EXTENT OF STATE CONTRACTS
ENTERED INTO FOR ITS OWN ACCOUNT OR FOR THE BENEFIT OF A STATE AGENCY AS
DEFINED IN PARAGRAPH (A) OR (B) OF THIS SUBDIVISION: DORMITORY AUTHORITY
OF THE STATE OF NEW YORK; FACILITIES DEVELOPMENT CORPORATION;  NEW  YORK
STATE  ENERGY RESEARCH AND DEVELOPMENT AUTHORITY; NEW YORK STATE SCIENCE
AND TECHNOLOGY FOUNDATION.
  7. "STATE ASSISTED HOUSING PROJECT"  SHALL  MEAN,  FOR  SUCH  PROJECTS
WHICH  RECEIVE  FROM  THE  NEW  YORK  STATE  HOUSING FINANCE AGENCY, THE
AFFORDABLE HOUSING CORPORATION, THE HOUSING TRUST  FUND  CORPORATION  OR
THE DIVISION OF HOUSING AND COMMUNITY RENEWAL A GRANT OR LOAN FOR ALL OR
PART OF THE TOTAL PROJECT COST:
  (A)  A  "PERMANENT HOUSING PROJECT FOR HOMELESS FAMILIES" OR "PROJECT"
AS DEFINED IN SUBDIVISION FIVE OF  SECTION  SIXTY-FOUR  OF  THE  PRIVATE
HOUSING FINANCE LAW;
  (B)  A "PROJECT" AS DEFINED IN SUBDIVISION TWELVE OF SECTION ONE THOU-
SAND ONE HUNDRED ONE OF THE PRIVATE HOUSING FINANCE  LAW  PROVIDED  SAID
PROJECT  IS  LOCATED  IN A LARGE COUNTY AND CONSISTS OF MORE THAN TWELVE
RESIDENTIAL UNITS AT A SINGLE SITE;
  (C) "AFFORDABLE HOME OWNERSHIP DEVELOPMENT PROGRAMS" OR  "PROJECT"  AS
DEFINED  IN SUBDIVISION EIGHT OF SECTION ONE THOUSAND ONE HUNDRED ELEVEN
OF THE PRIVATE HOUSING FINANCE LAW PROVIDED SAID PROJECT IS LOCATED IN A
METROPOLITAN AREA AS DEFINED IN SUBDIVISION FIVE  OF  THIS  SECTION  AND
CONSISTS OF MORE THAN TWELVE RESIDENTIAL UNITS AT A SINGLE SITE;
  (D)  A  "TURNKEY/ENHANCED  RENTAL  PROJECT" OR "PROJECT" AS DEFINED IN
SUBDIVISION TWO OF SECTION ONE THOUSAND ONE HUNDRED SIX-A OF THE PRIVATE
HOUSING FINANCE LAW;
  (E) "INFRASTRUCTURE IMPROVEMENTS" AS DEFINED  IN  SUBDIVISION  TWO  OF
SECTION  ONE  THOUSAND  ONE  HUNDRED  THIRTY-ONE  OF THE PRIVATE HOUSING
FINANCE LAW, TO THE EXTENT THAT SUCH "INFRASTRUCTURE  IMPROVEMENTS"  ARE
APPLIED  FOR  IN  CONNECTION  WITH  A  STATE ASSISTED HOUSING PROJECT AS
DEFINED IN PARAGRAPHS (A) THROUGH (D) OF THIS SUBDIVISION  AND  PROVIDED
FURTHER  THAN THE APPLICANT FOR SUCH INFRASTRUCTURE IMPROVEMENTS AND FOR
SUCH STATE ASSISTED HOUSING PROJECT ARE IDENTICAL.
  8. "STATE CONTRACT" SHALL MEAN:
  (A) A WRITTEN AGREEMENT OR PURCHASE ORDER INSTRUMENT, PROVIDING FOR  A
TOTAL  EXPENDITURE IN EXCESS OF FIFTY THOUSAND DOLLARS, WHICH IS SUBJECT
TO APPROVAL BY THE COMPTROLLER PURSUANT TO SECTION ONE HUNDRED TWELVE OF
THE STATE FINANCE LAW, WHEREBY: (I) A  CONTRACTING  AGENCY,  EXCEPT  THE
OFFICE  OF  GENERAL SERVICES IS COMMITTED TO EXPEND OR DOES EXPEND FUNDS
IN RETURN FOR LABOR, SERVICES INCLUDING,  BUT  NOT  LIMITED  TO,  LEGAL,
FINANCIAL  AND OTHER PROFESSIONAL SERVICES, SUPPLIES, EQUIPMENT, MATERI-
ALS OR ANY COMBINATION  OF  THE  FOREGOING,  TO  BE  PERFORMED  FOR,  OR
RENDERED  OR  FURNISHED  TO  THE  CONTRACTING AGENCY; (II) A CONTRACTING

A. 8487--A                          4

AGENCY, EXCEPT THE OFFICE OF GENERAL SERVICES IS COMMITTED TO EXPEND  OR
DOES   EXPEND  FUNDS  FOR  THE  ACQUISITION,  CONSTRUCTION,  DEMOLITION,
REPLACEMENT, MAJOR REPAIR OR RENOVATION OF REAL  PROPERTY  AND  IMPROVE-
MENTS THEREON; OR (III) THE OWNER OF A STATE ASSISTED HOUSING PROJECT IS
COMMITTED   TO   EXPEND  OR  DOES  EXPEND  FUNDS  FOR  THE  ACQUISITION,
CONSTRUCTION, DEMOLITION, REPLACEMENT, MAJOR  REPAIR  OR  RENOVATION  OF
REAL PROPERTY AND IMPROVEMENTS THEREON FOR SUCH PROJECT.
  (B)  A WRITTEN AGREEMENT OR PURCHASE ORDER INSTRUMENT, PROVIDING FOR A
TOTAL EXPENDITURE IN EXCESS OF EIGHTY-FIVE THOUSAND  DOLLARS,  WHICH  IS
SUBJECT  TO  APPROVAL BY THE COMPTROLLER PURSUANT TO SECTION ONE HUNDRED
TWELVE OF THE STATE FINANCE LAW, WHEREBY THE OFFICE OF GENERAL  SERVICES
IS  COMMITTED  TO  OR  DOES  EXPEND  FUNDS IN RETURN FOR LABOR, SERVICES
INCLUDING, BUT NOT LIMITED TO, LEGAL, FINANCIAL AND  OTHER  PROFESSIONAL
SERVICES, SUPPLIES, EQUIPMENT, MATERIALS OR ANY COMBINATION OF THE FORE-
GOING,  TO  BE  PERFORMED FOR, OR RENDERED OR FURNISHED TO THE OFFICE OF
GENERAL SERVICES.
  9. "SMALL BUSINESS" AS USED IN THIS SECTION,  SHALL  MEAN  A  BUSINESS
WHICH  IS  RESIDENT IN THIS STATE, INDEPENDENTLY OWNED AND OPERATED, NOT
DOMINANT IN ITS FIELD, AND EMPLOYING NOT MORE THAN ONE HUNDRED  INDIVID-
UALS.
  S  328-C.  EQUAL  PAY  DISCLOSURE; REPORTING. 1. ALL CONTRACTORS, AS A
CONDITION UPON ENTERING  INTO  A  CONTRACT  WITH  THE  STATE,  SHALL  BE
REQUIRED  TO  SUBMIT  EQUAL PAY REPORTS, IN SUCH FORM AS THE COMPTROLLER
MAY PRESCRIBE BY  REGULATION  PURSUANT  TO  SUBDIVISION  THREE  OF  THIS
SECTION. SUCH REPORTS SHALL INCLUDE, BUT NOT BE LIMITED TO, A SUMMARY OF
THE  CONTRACTOR'S  WORKFORCE  PAY  AVERAGES, CALCULATED BY JOB CATEGORY,
GENDER, RACE, AND ETHNICITY, AND THE DIFFERENCE BETWEEN PAY AVERAGES  IN
EACH CATEGORY, EXPRESSED AS AN ABSOLUTE PERCENTAGE.
  2.  THE  STATE  COMPTROLLER SHALL SUBMIT A REPORT TO THE GOVERNOR, THE
ATTORNEY GENERAL, THE COMMISSIONER OF THE OFFICE  OF  GENERAL  SERVICES,
THE  COMMISSIONER  OF  THE  DEPARTMENT OF LABOR, THE COMMISSIONER OF THE
DIVISION OF HUMAN RIGHTS, AND THE LEGISLATIVE FISCAL  COMMITTEES  SUMMA-
RIZING  DATA  RELATED TO THE EQUAL PAY REPORTS SUBMITTED BY CONTRACTORS.
SUCH REPORT SHALL BE MADE ANNUALLY, ON A FISCAL YEAR BASIS BY THE  FIRST
OF JULY OF THE NEXT SUCCEEDING YEAR.
  (A)  THE  REPORT  SHALL  INCLUDE  A LIST OF CONTRACTORS THAT THE STATE
COMPTROLLER HAS IDENTIFIED AS BEING IN COMPLIANCE WITH SOUND  EQUAL  PAY
PRACTICES.
  (B)  THE INFORMATION REQUIRED BY THIS SUBDIVISION SHALL BE PROVIDED IN
ELECTRONIC FORMAT IN SUCH FORM AS PRESCRIBED BY  THE  STATE  COMPTROLLER
SUCH THAT THE DATA CAN BE SEARCHED AND SORTED.
  (C) ALL REPORTS REQUIRED UNDER THIS SUBDIVISION SHALL BE AVAILABLE FOR
PUBLIC  INSPECTION  AND  COPYING PURSUANT TO SECTION EIGHTY-SEVEN OF THE
PUBLIC OFFICERS LAW PROVIDED THAT IN DISCLOSING SUCH REPORTS PURSUANT TO
THE PUBLIC OFFICERS LAW, THE STATE COMPTROLLER SHALL REDACT THE NAME  OR
SOCIAL  SECURITY  NUMBER  OF ANY INDIVIDUAL EMPLOYEE THAT IS INCLUDED IN
SUCH DOCUMENT.
  3. THE STATE COMPTROLLER, IN CONSULTATION WITH THE COMMISSIONER OF THE
OFFICE OF GENERAL SERVICES, SHALL PROMULGATE REGULATIONS:
  (A) REGARDING THE CONTENT AND THE TIMELY AND PROPER  FILING  OF  EQUAL
PAY REPORTS BY CONTRACTORS; AND
  (B)  SETTING  FORTH MEASURES AND PROCEDURES TO REQUIRE ALL CONTRACTING
AGENCIES, WHERE PRACTICABLE, FEASIBLE AND  APPROPRIATE,  TO  ASSESS  THE
EQUAL  PAY  PRACTICES  OF  CONTRACTORS  SUBMITTING  BIDS OR PROPOSALS IN
CONNECTION WITH THE AWARD OF A STATE  CONTRACT.  SUCH  RULES  AND  REGU-
LATIONS  SHALL  TAKE  INTO  ACCOUNT:  THE NATURE OF THE LABOR, SERVICES,

A. 8487--A                          5

SUPPLIES, EQUIPMENT OR MATERIALS BEING PROCURED BY THE STATE AGENCY; THE
METHOD OF PROCUREMENT REQUIRED TO BE USED BY A STATE AGENCY TO AWARD THE
CONTRACT; THE EQUAL PAY REPORTS REQUIRED TO  BE  SUBMITTED  PURSUANT  TO
SUBDIVISION  ONE  OF  THIS  SECTION; AND SUCH OTHER FACTORS AS THE COMP-
TROLLER DEEMS APPROPRIATE OR NECESSARY TO PROMOTE  THE  AWARD  OF  STATE
CONTRACTS  TO CONTRACTORS HAVING SOUND EQUAL PAY PRACTICES. SUCH ASSESS-
MENT SHALL NOT PERMIT THE AUTOMATIC REJECTION OF A  BID  OR  PROCUREMENT
PROPOSAL BASED ON THE LACK OF ADHERENCE TO EQUAL PAY PRACTICES. EACH BID
OR  PROPOSAL  SHALL BE ANALYZED ON AN INDIVIDUAL PER BID OR PER PROPOSAL
BASIS WITH THE CONTRACTOR'S EQUAL PAY PRACTICES  CONSIDERED  AS  ONLY  A
PART  OF A WIDER CONSIDERATION OF SEVERAL FACTORS WHEN DECIDING TO AWARD
OR DECLINE TO AWARD A BID OR PROPOSAL.
  S 328-D. PROHIBITIONS  IN  CONTRACTS;  VIOLATIONS.  EVERY  CONTRACTING
AGENCY  SHALL  INCLUDE  A  PROVISION  IN  ITS  STATE CONTRACTS EXPRESSLY
PROVIDING THAT ANY CONTRACTOR WHO WILLFULLY AND INTENTIONALLY  FAILS  TO
COMPLY  WITH THE REQUIREMENTS OF THIS ARTICLE AS SET FORTH IN SUCH STATE
CONTRACT SHALL BE LIABLE TO THE CONTRACTING  AGENCY  FOR  LIQUIDATED  OR
OTHER  APPROPRIATE DAMAGES AND SHALL PROVIDE FOR OTHER APPROPRIATE REME-
DIES ON ACCOUNT OF SUCH BREACH.
  S 2. This act shall take effect on the first of January next  succeed-
ing  the  date  upon which it shall have become a law and shall apply to
all contracts with the state entered into on  or  after  such  effective
date.

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 8487--B

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                             October 9, 2015
                               ___________

Introduced  by  M. of A. GLICK, BRENNAN, PEOPLES-STOKES, BLAKE, SIMOTAS,
  SCHIMEL, TITONE, LIFTON, CAHILL, ORTIZ, SEAWRIGHT  --  Multi-Sponsored
  by  --  M.  of  A.  BRONSON,  CUSICK,  ENGLEBRIGHT, GOTTFRIED, MARKEY,
  MOSLEY, SIMON -- read once and referred to the  Committee  on  Govern-
  mental  Operations  --  recommitted  to  the Committee on Governmental
  Operations in accordance with Assembly Rule 3,  sec.  2  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to  said  committee  -- again reported from said committee with amend-
  ments, ordered reprinted as amended and recommitted to said committee

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:

  Section 1. The executive law is amended by adding a new  article  15-D
to read as follows:
                              ARTICLE 15-D
          EQUAL PAY DISCLOSURE WITH RESPECT TO STATE CONTRACTS
SECTION 328-B. DEFINITIONS.
        328-C. EQUAL PAY DISCLOSURE; REPORTING.
        328-D. PROHIBITIONS IN CONTRACTS; VIOLATIONS.
  S  328-B.  DEFINITIONS.  AS  USED IN THIS ARTICLE, THE FOLLOWING TERMS
SHALL HAVE THE FOLLOWING MEANINGS:
  1. "EQUAL PAY REPORT" SHALL MEAN A SUMMARY OF DATA, IN A FORM CONSIST-
ENT WITH REGULATIONS PROMULGATED BY THE COMPTROLLER PURSUANT TO  SECTION
THREE  HUNDRED  TWENTY-EIGHT-C OF THIS ARTICLE, ON EMPLOYEE COMPENSATION
BY GENDER, RACE, ETHNICITY, SPECIFIED JOB CATEGORIES, AND OTHER RELEVANT
DATA.
  2. "CONTRACTING AGENCY" SHALL MEAN A STATE AGENCY WHICH IS A PARTY  OR
A PROPOSED PARTY TO A STATE CONTRACT.
  3.  "CONTRACTOR"  SHALL  MEAN  AN  INDIVIDUAL,  A BUSINESS ENTERPRISE,
INCLUDING A SOLE PROPRIETORSHIP, A PARTNERSHIP, A CORPORATION, A LIMITED

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11915-06-6
              

A. 8487--B                          2

LIABILITY COMPANY, A NOT-FOR-PROFIT CORPORATION, OR ANY OTHER PARTY TO A
STATE CONTRACT, AS DEFINED IN SUBDIVISION EIGHT OF  THIS  SECTION  OR  A
BIDDER  IN  CONJUNCTION WITH THE AWARD OF A STATE CONTRACT OR A PROPOSED
PARTY  TO  A STATE CONTRACT. FOR THE PURPOSES OF THIS ARTICLE, "CONTRAC-
TOR" SHALL NOT INCLUDE A SMALL BUSINESS, AS DEFINED IN SUBDIVISION  NINE
OF THIS SECTION.
  4. "LARGE COUNTY" SHALL MEAN A COUNTY HAVING A POPULATION IN EXCESS OF
TWO  HUNDRED  EIGHTY-FIVE  THOUSAND ACCORDING TO THE MOST RECENT FEDERAL
DECENNIAL CENSUS, PROVIDED HOWEVER, THAT A COUNTY HAVING A POPULATION IN
EXCESS OF TWO HUNDRED EIGHTY-FIVE THOUSAND ACCORDING TO THE TWO THOUSAND
TEN FEDERAL DECENNIAL CENSUS SHALL CONTINUE TO BE A LARGE COUNTY  THERE-
AFTER  NOTWITHSTANDING  A LATER CENSUS SHOWING A POPULATION OF LESS THAN
TWO HUNDRED EIGHTY-FIVE THOUSAND FOR SUCH COUNTY.
  5. "METROPOLITAN AREA" SHALL MEAN A CITY  WITH  A  POPULATION  OF  ONE
MILLION  OR  MORE  AND  A  COUNTY  HAVING  A POPULATION IN EXCESS OF ONE
MILLION AND IMMEDIATELY CONTIGUOUS TO SUCH CITY.
  6. "STATE AGENCY" SHALL MEAN:
  (A)(I) ANY STATE DEPARTMENT, OR (II) ANY DIVISION,  BOARD,  COMMISSION
OR  BUREAU OF ANY STATE DEPARTMENT, OR (III) THE STATE UNIVERSITY OF NEW
YORK AND THE CITY UNIVERSITY OF NEW YORK, INCLUDING ALL THEIR  CONSTITU-
ENT  UNITS  EXCEPT  COMMUNITY  COLLEGES AND THE INDEPENDENT INSTITUTIONS
OPERATING STATUTORY OR CONTRACT COLLEGES ON BEHALF OF THE STATE, OR (IV)
A BOARD, A MAJORITY OF WHOSE MEMBERS ARE APPOINTED BY  THE  GOVERNOR  OR
WHO  SERVE  BY VIRTUE OF BEING STATE OFFICERS OR EMPLOYEES AS DEFINED IN
SUBPARAGRAPH (I), (II), OR (III) OF THIS PARAGRAPH OR PARAGRAPH  (I)  OF
SUBDIVISION ONE OF SECTION SEVENTY-THREE OF THE PUBLIC OFFICERS LAW;
  (B)  A  "STATE  AUTHORITY,"  AS  DEFINED IN SUBDIVISION ONE OF SECTION
SEVENTY-THREE OF THE PUBLIC OFFICERS LAW, AND THE FOLLOWING:
    ALBANY COUNTY AIRPORT AUTHORITY;
    ALBANY PORT DISTRICT COMMISSION;
    ALFRED, ALMOND, HORNELLSVILLE SEWER AUTHORITY;
    BATTERY PARK CITY AUTHORITY;
    CAYUGA COUNTY WATER AND SEWER AUTHORITY;
    (NELSON A. ROCKEFELLER) EMPIRE STATE PLAZA PERFORMING ARTS;
    CENTER CORPORATION;
    INDUSTRIAL EXHIBIT AUTHORITY;
    LIVINGSTON COUNTY WATER AND SEWER AUTHORITY;
    LONG ISLAND POWER AUTHORITY;
    LONG ISLAND RAIL ROAD;
    LONG ISLAND MARKET AUTHORITY;
    MANHATTAN AND BRONX SURFACE TRANSIT OPERATING AUTHORITY;
    METRO-NORTH COMMUTER RAILROAD;
    METROPOLITAN SUBURBAN BUS AUTHORITY;
    METROPOLITAN TRANSPORTATION AUTHORITY;
    NATURAL HERITAGE TRUST;
    NEW YORK CITY TRANSIT AUTHORITY;
    NEW YORK CONVENTION CENTER OPERATING CORPORATION;
    NEW YORK STATE BRIDGE AUTHORITY;
    NEW YORK STATE OLYMPIC REGIONAL DEVELOPMENT AUTHORITY;
    NEW YORK STATE THRUWAY AUTHORITY;
    NIAGARA FALLS PUBLIC WATER AUTHORITY;
    NIAGARA FALLS WATER BOARD;
    PORT OF OSWEGO AUTHORITY;
    POWER AUTHORITY OF THE STATE OF NEW YORK;
    ROOSEVELT ISLAND OPERATING CORPORATION;
    SCHENECTADY METROPLEX DEVELOPMENT AUTHORITY;

A. 8487--B                          3

    STATE INSURANCE FUND;
    STATEN ISLAND RAPID TRANSIT OPERATING AUTHORITY;
    STATE UNIVERSITY CONSTRUCTION FUND;
    SYRACUSE REGIONAL AIRPORT AUTHORITY;
    TRIBOROUGH BRIDGE AND TUNNEL AUTHORITY;
    UPPER MOHAWK VALLEY REGIONAL WATER BOARD;
    UPPER MOHAWK VALLEY REGIONAL WATER FINANCE AUTHORITY;
    UPPER MOHAWK VALLEY MEMORIAL AUDITORIUM AUTHORITY;
    URBAN DEVELOPMENT CORPORATION AND ITS SUBSIDIARY CORPORATIONS; AND
  (C)  THE  FOLLOWING  ENTITIES,  ONLY  TO THE EXTENT OF STATE CONTRACTS
ENTERED INTO FOR ITS OWN ACCOUNT OR FOR THE BENEFIT OF A STATE AGENCY AS
DEFINED IN PARAGRAPH (A) OR (B) OF THIS SUBDIVISION: DORMITORY AUTHORITY
OF THE STATE OF NEW YORK; FACILITIES DEVELOPMENT CORPORATION;  NEW  YORK
STATE  ENERGY RESEARCH AND DEVELOPMENT AUTHORITY; NEW YORK STATE SCIENCE
AND TECHNOLOGY FOUNDATION.
  7. "STATE ASSISTED HOUSING PROJECT"  SHALL  MEAN,  FOR  SUCH  PROJECTS
WHICH  RECEIVE  FROM  THE  NEW  YORK  STATE  HOUSING FINANCE AGENCY, THE
AFFORDABLE HOUSING CORPORATION, THE HOUSING TRUST  FUND  CORPORATION  OR
THE DIVISION OF HOUSING AND COMMUNITY RENEWAL A GRANT OR LOAN FOR ALL OR
PART OF THE TOTAL PROJECT COST:
  (A)  A  "PERMANENT HOUSING PROJECT FOR HOMELESS FAMILIES" OR "PROJECT"
AS DEFINED IN SUBDIVISION FIVE OF  SECTION  SIXTY-FOUR  OF  THE  PRIVATE
HOUSING FINANCE LAW;
  (B)  A "PROJECT" AS DEFINED IN SUBDIVISION TWELVE OF SECTION ONE THOU-
SAND ONE HUNDRED ONE OF THE PRIVATE HOUSING FINANCE  LAW  PROVIDED  SAID
PROJECT  IS  LOCATED  IN A LARGE COUNTY AND CONSISTS OF MORE THAN TWELVE
RESIDENTIAL UNITS AT A SINGLE SITE;
  (C) "AFFORDABLE HOME OWNERSHIP DEVELOPMENT PROGRAMS" OR  "PROJECT"  AS
DEFINED  IN SUBDIVISION EIGHT OF SECTION ONE THOUSAND ONE HUNDRED ELEVEN
OF THE PRIVATE HOUSING FINANCE LAW PROVIDED SAID PROJECT IS LOCATED IN A
METROPOLITAN AREA AS DEFINED IN SUBDIVISION FIVE  OF  THIS  SECTION  AND
CONSISTS OF MORE THAN TWELVE RESIDENTIAL UNITS AT A SINGLE SITE;
  (D)  A  "TURNKEY/ENHANCED  RENTAL  PROJECT" OR "PROJECT" AS DEFINED IN
SUBDIVISION TWO OF SECTION ONE THOUSAND ONE HUNDRED SIX-A OF THE PRIVATE
HOUSING FINANCE LAW;
  (E) "INFRASTRUCTURE IMPROVEMENTS" AS DEFINED  IN  SUBDIVISION  TWO  OF
SECTION  ONE  THOUSAND  ONE  HUNDRED  THIRTY-ONE  OF THE PRIVATE HOUSING
FINANCE LAW, TO THE EXTENT THAT SUCH "INFRASTRUCTURE  IMPROVEMENTS"  ARE
APPLIED  FOR  IN  CONNECTION  WITH  A  STATE ASSISTED HOUSING PROJECT AS
DEFINED IN PARAGRAPHS (A) THROUGH (D) OF THIS SUBDIVISION  AND  PROVIDED
FURTHER  THAN THE APPLICANT FOR SUCH INFRASTRUCTURE IMPROVEMENTS AND FOR
SUCH STATE ASSISTED HOUSING PROJECT ARE IDENTICAL.
  8. "STATE CONTRACT" SHALL MEAN:
  (A) A WRITTEN AGREEMENT OR PURCHASE ORDER INSTRUMENT, PROVIDING FOR  A
TOTAL  EXPENDITURE IN EXCESS OF FIFTY THOUSAND DOLLARS, WHICH IS SUBJECT
TO APPROVAL BY THE COMPTROLLER PURSUANT TO SECTION ONE HUNDRED TWELVE OF
THE STATE FINANCE LAW, WHEREBY: (I) A  CONTRACTING  AGENCY,  EXCEPT  THE
OFFICE  OF  GENERAL SERVICES IS COMMITTED TO EXPEND OR DOES EXPEND FUNDS
IN RETURN FOR LABOR, SERVICES INCLUDING,  BUT  NOT  LIMITED  TO,  LEGAL,
FINANCIAL  AND OTHER PROFESSIONAL SERVICES, SUPPLIES, EQUIPMENT, MATERI-
ALS OR ANY COMBINATION  OF  THE  FOREGOING,  TO  BE  PERFORMED  FOR,  OR
RENDERED  OR  FURNISHED  TO  THE  CONTRACTING AGENCY; (II) A CONTRACTING
AGENCY, EXCEPT THE OFFICE OF GENERAL SERVICES IS COMMITTED TO EXPEND  OR
DOES   EXPEND  FUNDS  FOR  THE  ACQUISITION,  CONSTRUCTION,  DEMOLITION,
REPLACEMENT, MAJOR REPAIR OR RENOVATION OF REAL  PROPERTY  AND  IMPROVE-
MENTS THEREON; OR (III) THE OWNER OF A STATE ASSISTED HOUSING PROJECT IS

A. 8487--B                          4

COMMITTED   TO   EXPEND  OR  DOES  EXPEND  FUNDS  FOR  THE  ACQUISITION,
CONSTRUCTION, DEMOLITION, REPLACEMENT, MAJOR  REPAIR  OR  RENOVATION  OF
REAL PROPERTY AND IMPROVEMENTS THEREON FOR SUCH PROJECT.
  (B)  A WRITTEN AGREEMENT OR PURCHASE ORDER INSTRUMENT, PROVIDING FOR A
TOTAL EXPENDITURE IN EXCESS OF EIGHTY-FIVE THOUSAND  DOLLARS,  WHICH  IS
SUBJECT  TO  APPROVAL BY THE COMPTROLLER PURSUANT TO SECTION ONE HUNDRED
TWELVE OF THE STATE FINANCE LAW, WHEREBY THE OFFICE OF GENERAL  SERVICES
IS  COMMITTED  TO  OR  DOES  EXPEND  FUNDS IN RETURN FOR LABOR, SERVICES
INCLUDING, BUT NOT LIMITED TO, LEGAL, FINANCIAL AND  OTHER  PROFESSIONAL
SERVICES, SUPPLIES, EQUIPMENT, MATERIALS OR ANY COMBINATION OF THE FORE-
GOING,  TO  BE  PERFORMED FOR, OR RENDERED OR FURNISHED TO THE OFFICE OF
GENERAL SERVICES.
  9. "SMALL BUSINESS" AS USED IN THIS SECTION,  SHALL  MEAN  A  BUSINESS
INDEPENDENTLY OWNED AND OPERATED, NOT DOMINANT IN ITS FIELD, AND EMPLOY-
ING NOT MORE THAN ONE HUNDRED INDIVIDUALS.
  S  328-C.  EQUAL  PAY  DISCLOSURE; REPORTING. 1. ALL CONTRACTORS, AS A
CONDITION UPON ENTERING  INTO  A  CONTRACT  WITH  THE  STATE,  SHALL  BE
REQUIRED  TO  SUBMIT  EQUAL PAY REPORTS, IN SUCH FORM AS THE COMPTROLLER
MAY PRESCRIBE BY  REGULATION  PURSUANT  TO  SUBDIVISION  THREE  OF  THIS
SECTION. SUCH REPORTS SHALL INCLUDE, BUT NOT BE LIMITED TO, A SUMMARY OF
THE  CONTRACTOR'S  WORKFORCE  PAY  AVERAGES, CALCULATED BY JOB CATEGORY,
GENDER, RACE, AND ETHNICITY, AND THE DIFFERENCE BETWEEN PAY AVERAGES  IN
EACH CATEGORY, EXPRESSED AS AN ABSOLUTE PERCENTAGE.
  2.  THE  STATE  COMPTROLLER SHALL SUBMIT A REPORT TO THE GOVERNOR, THE
ATTORNEY GENERAL, THE COMMISSIONER OF THE OFFICE  OF  GENERAL  SERVICES,
THE  COMMISSIONER  OF  THE  DEPARTMENT OF LABOR, THE COMMISSIONER OF THE
DIVISION OF HUMAN RIGHTS, THE SPEAKER OF  THE  ASSEMBLY,  THE  TEMPORARY
PRESIDENT  OF THE SENATE AND THE LEGISLATIVE FISCAL COMMITTEES SUMMARIZ-
ING DATA RELATED TO THE EQUAL PAY REPORTS SUBMITTED BY CONTRACTORS. SUCH
REPORT SHALL BE MADE ANNUALLY, ON A FISCAL YEAR BASIS BY  THE  FIRST  OF
JULY OF THE NEXT SUCCEEDING YEAR FOLLOWING ENACTMENT OF THIS SECTION.
  (A)  THE INFORMATION REQUIRED BY THIS SUBDIVISION SHALL BE PROVIDED IN
ELECTRONIC FORMAT IN SUCH FORM AS PRESCRIBED BY  THE  STATE  COMPTROLLER
SUCH THAT THE DATA CAN BE SEARCHED AND SORTED.
  (B) ALL REPORTS REQUIRED UNDER THIS SUBDIVISION SHALL BE AVAILABLE FOR
PUBLIC  INSPECTION  AND  COPYING PURSUANT TO SECTION EIGHTY-SEVEN OF THE
PUBLIC OFFICERS LAW PROVIDED THAT IN DISCLOSING SUCH REPORTS PURSUANT TO
THE PUBLIC OFFICERS LAW, THE STATE COMPTROLLER SHALL REDACT THE NAME AND
SOCIAL SECURITY NUMBER OF ANY INDIVIDUAL EMPLOYEE THAT  IS  INCLUDED  IN
SUCH DOCUMENT.
  3. THE STATE COMPTROLLER, IN CONSULTATION WITH THE COMMISSIONER OF THE
OFFICE OF GENERAL SERVICES, SHALL PROMULGATE REGULATIONS:
  (A)  REGARDING  THE  CONTENT AND THE TIMELY AND PROPER FILING OF EQUAL
PAY REPORTS BY CONTRACTORS; AND
  (B) SETTING FORTH MEASURES AND PROCEDURES TO REQUIRE  ALL  CONTRACTING
AGENCIES,  WHERE  PRACTICABLE,  FEASIBLE  AND APPROPRIATE, TO ASSESS THE
EQUAL PAY PRACTICES OF  CONTRACTORS  SUBMITTING  BIDS  OR  PROPOSALS  IN
CONNECTION  WITH  THE  AWARD  OF  A STATE CONTRACT. SUCH RULES AND REGU-
LATIONS SHALL TAKE INTO ACCOUNT: THE  NATURE  OF  THE  LABOR,  SERVICES,
SUPPLIES, EQUIPMENT OR MATERIALS BEING PROCURED BY THE STATE AGENCY; THE
METHOD OF PROCUREMENT REQUIRED TO BE USED BY A STATE AGENCY TO AWARD THE
CONTRACT;  THE  EQUAL  PAY  REPORTS REQUIRED TO BE SUBMITTED PURSUANT TO
SUBDIVISION ONE OF THIS SECTION; AND SUCH OTHER  FACTORS  AS  THE  COMP-
TROLLER  DEEMS  APPROPRIATE  OR  NECESSARY TO PROMOTE THE AWARD OF STATE
CONTRACTS TO CONTRACTORS HAVING SOUND EQUAL PAY PRACTICES. SUCH  ASSESS-
MENT  SHALL  NOT  PERMIT THE AUTOMATIC REJECTION OF A BID OR PROCUREMENT

A. 8487--B                          5

PROPOSAL BASED ON THE LACK OF ADHERENCE TO EQUAL PAY PRACTICES. EACH BID
OR PROPOSAL SHALL BE ANALYZED ON AN INDIVIDUAL PER BID OR  PER  PROPOSAL
BASIS  WITH  THE  CONTRACTOR'S  EQUAL PAY PRACTICES CONSIDERED AS ONLY A
PART  OF A WIDER CONSIDERATION OF SEVERAL FACTORS WHEN DECIDING TO AWARD
OR DECLINE TO AWARD A BID OR PROPOSAL.
  S 328-D. PROHIBITIONS  IN  CONTRACTS;  VIOLATIONS.  EVERY  CONTRACTING
AGENCY  SHALL  INCLUDE  A  PROVISION  IN  ITS  STATE CONTRACTS EXPRESSLY
PROVIDING THAT ANY CONTRACTOR WHO WILLFULLY AND INTENTIONALLY  FAILS  TO
COMPLY  WITH THE REQUIREMENTS OF THIS ARTICLE AS SET FORTH IN SUCH STATE
CONTRACT SHALL BE LIABLE TO THE CONTRACTING  AGENCY  FOR  LIQUIDATED  OR
OTHER  APPROPRIATE DAMAGES AND SHALL PROVIDE FOR OTHER APPROPRIATE REME-
DIES ON ACCOUNT OF SUCH BREACH.
  S 2. This act shall take effect on the first of January next  succeed-
ing  the  date  upon which it shall have become a law and shall apply to
all contracts with the state entered into on  or  after  such  effective
date.