NY State Senate Bill 2015-S2028

Senate Bill S2028

2015-2016 Legislative Session

Allows Westchester county to require bidders for public works, construction or purchase contracts to hire and retain persons residing in certain targeted communities

download bill text pdf

Archive: Last Bill Status - In Senate Committee Local Government Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2016	referred to local government
Jan 21, 2015	referred to local government

2015-S2028 (ACTIVE) - Details

See Assembly Version of this Bill:: A2793
Current Committee:: Senate Local Government
Law Section:: General Municipal Law
Laws Affected:: Add §103-h, Gen Muni L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S6402, A8475
2013-2014: S3383, A584
2017-2018: S3489, A3887
2019-2020: A3268
2021-2022: A1797
2023-2024: A4776

2015-S2028 (ACTIVE) - Summary

Allows Westchester county to require bidders for public works, construction or purchase contracts to hire and retain persons residing in certain targeted communities.

2015-S2028 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S2028

TITLE OF BILL:  An act to amend the general municipal law, in relation
to allowing Westchester county to require bidders for public works,
construction or purchase contracts to hire and retain persons residing
in certain targeted communities

PURPOSE OR GENERAL IDEA OF BILL:

This legislation will allow Mount Vernon and the City of Yonkers to
obtain construction jobs.

SUMMARY OF SPECIFIC PROVISIONS:

An amendment to General Municipal Law section 103(h): A County may
require the lowest responsible bidder for all contracts for public
works, construct and purchase contracts to hire and retain persons
residing in certain targeted communities having the highest rates of
unemployment within such county.

A targeted community is any city, town, or village within a county
where the combined average of the unemployment rate and the poverty
rate of such community is greater than the combined countywide average
of unemployment and poverty rate by ten percent. A county may require
that at least ten percent of the labor cost of construction contracts
awarded by the county to the lowest responsible bidder be spent to

hire persons residing in the targeted communities within that county.

If the combined average unemployment and poverty rate for a targeted
community is greater than twenty percent of the combined countywide
average unemployment rate and the poverty rate, then a county may
require that at least twenty percent of the labor cost of construction
contracts awarded must be spent to hire persons residing in the
targeted communities.

If the combined average community unemployment and poverty rate is
greater than thirty percent of the combined countywide average
unemployment rate and the poverty rate, then a county may require that
at least thirty percent of the labor cost of construction contracts
awarded must be spent to hire persons residing in the targeted
communities. The combined average unemployment rate and poverty rate
shall be computed annually based on statistics published by the New
York State Bureau of Labor Statistics or similar government agencies
for the period ending December 31 of the year preceding the year in
which the contract was awarded. The combined average unemployment rate
and poverty rate shall be established annually by resolution or local
law of the county.

The combined average shall be the sum of the preceding year end
unemployment rate plus the preceding year end poverty rate divided by
two.

A county may require the lowest responsible bidder to establish
apprenticeship and training programs for workers residing within the
targeted communities in certain construction trades specified in a
resolution or local law of such county.


JUSTIFICATION:

This bill will allow the county of Westchester to provide employment
in the communities that are faced with poverty.

FISCAL IMPLICATIONS:

None to the State.

LEGISLATIVE HISTORY:

New Bill.

EFFECTIVE DATE:

This act shall take effect on the thirtieth day after it shall become
a law.

2015-S2028 (ACTIVE) - Bill Text download pdf

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

                                  2028

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            January 21, 2015
                               ___________

Introduced  by  Sen. HASSELL-THOMPSON -- read twice and ordered printed,
  and when printed to be committed to the Committee on Local Government

AN ACT to amend the general municipal law, in relation to allowing West-
  chester county to require bidders for public  works,  construction  or
  purchase  contracts  to  hire  and  retain persons residing in certain
  targeted communities

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  The  general  municipal  law  is  amended by adding a new
section 103-h to read as follows:
  S 103-H. CONTRACTS FOR PUBLIC WORKS IN  WESTCHESTER  COUNTY;  TARGETED
COMMUNITIES. 1. FOR THE PURPOSES OF THIS SECTION, A "TARGETED COMMUNITY"
SHALL MEAN ANY CITY, TOWN, OR VILLAGE WITHIN A COUNTY WHERE THE COMBINED
AVERAGE  OF THE UNEMPLOYMENT RATE AND THE POVERTY RATE OF SUCH COMMUNITY
IS GREATER THAN THE COMBINED  COUNTYWIDE  AVERAGE  OF  UNEMPLOYMENT  AND
POVERTY RATE BY TEN PERCENT.
  2. NOTWITHSTANDING ANY PROVISION OF LAW, THE COUNTY OF WESTCHESTER MAY
REQUIRE THE LOWEST RESPONSIBLE BIDDER FOR ALL PUBLIC WORKS, CONSTRUCTION
OR  PURCHASE  CONTRACTS  TO  HIRE AND RETAIN PERSONS RESIDING IN CERTAIN
TARGETED COMMUNITIES HAVING THE HIGHEST  RATES  OF  UNEMPLOYMENT  WITHIN
SUCH COUNTY.
  3. THE COUNTY MAY REQUIRE THAT:
  A.  AT  LEAST TEN PERCENT OF THE LABOR COSTS OF CONSTRUCTION CONTRACTS
AWARDED BY THE COUNTY BE SPENT TO HIRE PERSONS RESIDING IN THE  TARGETED
COMMUNITIES WITHIN THAT COUNTY;
  B.  AT  LEAST  TWENTY  PERCENT  OF  THE  LABOR  COSTS  OF CONSTRUCTION
CONTRACTS BE SPENT TO HIRE PERSONS RESIDING IN THE TARGETED COMMUNITIES,
IF THE COMBINED AVERAGE UNEMPLOYMENT AND POVERTY  RATE  FOR  A  TARGETED
COMMUNITY  IS  GREATER  THAN  TWENTY  PERCENT OF THE COMBINED COUNTYWIDE
AVERAGE OF UNEMPLOYMENT RATE AND THE POVERTY RATE; AND

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05640-01-5

S. 2028                             2

  C. AT  LEAST  THIRTY  PERCENT  OF  THE  LABOR  COSTS  OF  CONSTRUCTION
CONTRACTS  COST BE SPENT TO HIRE PERSONS RESIDING IN THE TARGETED COMMU-
NITIES IF THE COMBINED AVERAGE COMMUNITY UNEMPLOYMENT AND  POVERTY  RATE
IS  GREATER  THAN  THIRTY  PERCENT OF THE COMBINED COUNTYWIDE AVERAGE OF
UNEMPLOYMENT RATE AND THE POVERTY RATE.
  4.  THE  COMBINED  AVERAGE UNEMPLOYMENT RATE AND POVERTY RATE SHALL BE
COMPUTED ANNUALLY BASED ON STATISTICS PUBLISHED BY THE  NEW  YORK  STATE
BUREAU OF LABOR STATISTICS OR SIMILAR GOVERNMENT AGENCIES FOR THE PERIOD
ENDING DECEMBER THIRTY-FIRST OF THE YEAR PRECEDING THE YEAR IN WHICH THE
CONTRACT  IS  AWARDED.  THE  COMBINED  AVERAGE  SHALL  BE THE SUM OF THE
PRECEDING YEAR END UNEMPLOYMENT RATE PLUS THE PRECEDING YEAR END POVERTY
RATE DIVIDED BY TWO.
  5. THE COMBINED AVERAGE UNEMPLOYMENT RATE AND POVERTY  RATE  SHALL  BE
ESTABLISHED ANNUALLY BY RESOLUTION OR LOCAL LAW OF THE COUNTY.
  6.  THE  COUNTY MAY REQUIRE THE LOWEST RESPONSIBLE BIDDER TO ESTABLISH
APPRENTICESHIP AND TRAINING PROGRAMS FOR  WORKERS  RESIDING  WITHIN  THE
TARGETED  COMMUNITIES  IN  CERTAIN  CONSTRUCTION  TRADES  SPECIFIED IN A
RESOLUTION OR LOCAL LAW PASSED BY SUCH COUNTY.
  S 2. This act shall take effect on the thirtieth day  after  it  shall
have become a law.

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