S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5886
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                              March 22, 2021
                                ___________
 
 Introduced  by  Sens.  PARKER, BENJAMIN, MYRIE -- read twice and ordered
   printed, and when printed to be committed to the Committee on Labor
 
 AN ACT to amend the labor law, in  relation  to  disclosure  of  certain
   employment  statistics and demographics of state-assisted construction
   projects

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The labor law is amended by adding a new article 34 to read
 as follows:
                                ARTICLE 34
                        STATE-ASSISTED CONSTRUCTION
                           WORKFORCE DISCLOSURE
 SECTION 960. DEFINITIONS.
         961. DISCLOSURE REQUIREMENTS.
         962. REPORTING ON COVERED PROJECTS.
         963. DESIGNATION OF ADMINISTERING AGENCY.
         964. RECORDKEEPING.
         965. REMEDIES AND ENFORCEMENT.
   §  960. DEFINITIONS. FOR PURPOSES OF THIS ARTICLE, THE FOLLOWING TERMS
 SHALL HAVE THE FOLLOWING MEANINGS:
   1. "ADMINISTERING AGENCY" SHALL MEAN THE DEPARTMENT  OF  LABOR,  WHICH
 SHALL ADMINISTER AND ENFORCE THE PROVISIONS OF THIS ARTICLE.
   2.  "STATE  FINANCIAL ASSISTANCE" SHALL MEAN FINANCIAL ASSISTANCE THAT
 IS PROVIDED BY ENTITIES INCLUDING BUT NOT LIMITED TO THE STATE, A  LOCAL
 DEVELOPMENT CORPORATION AS DEFINED BY SUBDIVISION EIGHT OF SECTION EIGH-
 TEEN  HUNDRED  ONE  OF  THE  PUBLIC  AUTHORITIES LAW OR SECTION FOURTEEN
 HUNDRED ELEVEN OF THE NOT-FOR-PROFIT CORPORATION LAW, INDUSTRIAL  DEVEL-
 OPMENT  AGENCIES  FORMED  PURSUANT  TO ARTICLE EIGHTEEN-A OF THE GENERAL
 MUNICIPAL LAW OR INDUSTRIAL DEVELOPMENT AUTHORITIES FORMED  PURSUANT  TO
 ARTICLE  EIGHT  OF THE PUBLIC AUTHORITIES LAW, EDUCATION CORPORATIONS AS
 DEFINED IN SECTION TWO HUNDRED SIXTEEN-A OF THE EDUCATION  LAW,  COMMIS-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD03742-01-1

 S. 5886                             2
 
 SIONS APPOINTED PURSUANT TO LAW, AS WELL AS STATE AUTHORITIES AS DEFINED
 IN SECTION TWO OF THE PUBLIC AUTHORITIES LAW, AND SHALL ALSO INCLUDE ANY
 TRUST CREATED BY ANY SUCH ENTITIES. THE ADMINISTERING AGENCY MAY INCLUDE
 ADDITIONAL  PROVIDERS  OF  FINANCIAL  ASSISTANCE  BY RULE OR REGULATION,
 HOWEVER IN NO CASE SHALL FINANCIAL ASSISTANCE PROVIDED  BY  A  MUNICIPAL
 CORPORATION,  AS  DEFINED  IN SECTION ONE HUNDRED-ONE-B OF THE EXECUTIVE
 LAW, BE INCLUDED IN THE DEFINITION OF "STATE FINANCIAL ASSISTANCE."
   3. "COVERED CONTRACTOR" SHALL MEAN A PERSON OR ENTITY WHO HAS  ENTERED
 INTO  A  CONTRACT  OR  OTHER  AGREEMENT  WITH  A COVERED DEVELOPER FOR A
 COVERED PROJECT DEVELOPER FOR ONE MILLION DOLLARS OR  MORE,  TO  PERFORM
 CONSTRUCTION  WORK IN CONNECTION WITH SUCH PROJECT, EXCEPT THAT THE TERM
 "COVERED CONTRACTOR" SHALL NOT INCLUDE THE STATE.
   4. "COVERED DEVELOPER" SHALL MEAN A  PERSON  OR  ENTITY  WHO  RECEIVES
 STATE FINANCIAL ASSISTANCE IN CONNECTION WITH A COVERED PROJECT.
   5. (A) "COVERED PROJECT" SHALL MEAN:
   (I)  A  CONSTRUCTION  PROJECT  THAT IS FUNDED IN WHOLE OR IN PART WITH
 STATE FINANCIAL ASSISTANCE, OTHER THAN A  TAX  ABATEMENT  OR  EXEMPTION,
 EXPECTED  TO  HAVE  A PRESENT VALUE OF ONE MILLION DOLLARS OR MORE WHERE
 THE AGREEMENT FOR PROVIDING ANY PART OF  SUCH  ASSISTANCE  IS  EXECUTED,
 RENEWED  OR SUBSTANTIALLY AMENDED ON OR AFTER THE EFFECTIVE DATE OF THIS
 ARTICLE; OR
   (II) A CONSTRUCTION PROJECT THAT IS FUNDED IN WHOLE OR  IN  PART  WITH
 STATE  FINANCIAL ASSISTANCE IN THE FORM OF TAX ABATEMENTS OR EXEMPTIONS,
 WHERE THE PROJECT HAS A TOTAL ESTIMATED COST CERTIFIED BY THE  APPLICANT
 OF FIVE MILLION DOLLARS OR MORE, WHERE THE APPLICATION FOR SUCH BENEFITS
 IS MADE ON OR AFTER THE EFFECTIVE DATE OF THIS ARTICLE.
   (B)  THE  TERM  "COVERED  PROJECT"  SHALL  NOT  INCLUDE A CONSTRUCTION
 PROJECT BY A NOT-FOR-PROFIT DEVELOPER THAT IS INTENDED TO PROVIDE A SITE
 EXCLUSIVELY  FOR  THE  PROVISION  OF  HUMAN  SERVICES  INCLUDING  SOCIAL
 SERVICES  SUCH AS DAY CARE, FOSTER CARE, HOME CARE, HOMELESS ASSISTANCE,
 HOUSING AND SHELTER ASSISTANCE, SUPPORTIVE HOUSING, PREVENTIVE SERVICES,
 YOUTH SERVICES, AND SENIOR CENTERS, HEALTH OR MEDICAL SERVICES INCLUDING
 THOSE PROVIDED BY  HEALTH  MAINTENANCE  ORGANIZATIONS,  LEGAL  SERVICES,
 EMPLOYMENT ASSISTANCE SERVICES, VOCATIONAL AND EDUCATIONAL PROGRAMS, AND
 RECREATION PROGRAMS.
   6. "CONSTRUCTION WORK" SHALL MEAN CONSTRUCTION, ALTERATION, OR DEMOLI-
 TION WORK, EXCEPT THAT SUCH TERM SHALL NOT INCLUDE:
   (A)  ARCHITECTURAL,  ENGINEERING,  LEGAL,  ACCOUNTING OR OTHER PROFES-
 SIONAL SERVICES;
   (B) CLERICAL OR OTHER SIMILAR OFFICE SUPPORT SERVICES; OR
   (C) THE MANAGING, DIRECTING OR SUPERVISING OF CONSTRUCTION,  REHABILI-
 TATION, ALTERATION, OR DEMOLITION WORK.
   7.  "FINANCIAL  ASSISTANCE"  SHALL  MEAN,  BUT NOT BE LIMITED TO, CASH
 PAYMENTS, GRANTS OR OTHER SUBSIDIES, LOANS, BOND FINANCING,  TAX  ABATE-
 MENTS  OR EXEMPTIONS, TAX INCREMENT FINANCING, ENVIRONMENTAL REMEDIATION
 COSTS, REAL PROPERTY CONVEYANCE FOR LESS THAN MARKET  VALUE,  OR  WRITE-
 DOWNS  IN  THE MARKET VALUE OF BUILDINGS, LANDS OR LEASES OR THE COST OF
 CAPITAL IMPROVEMENTS RELATED  TO  REAL  PROPERTY  THAT,  UNDER  ORDINARY
 CIRCUMSTANCES,  THE STATE WOULD NOT PAY FOR. THE TERM "FINANCIAL ASSIST-
 ANCE" SHALL INCLUDE BOTH DISCRETIONARY AND MANDATORY ASSISTANCE.
   § 961. DISCLOSURE REQUIREMENTS. 1. BEGINNING JULY FIRST, TWO  THOUSAND
 TWENTY-TWO,  EACH  COVERED  DEVELOPER SHALL PROVIDE WORKFORCE DISCLOSURE
 RECORDS CONSISTING OF THE FOLLOWING  INFORMATION  TO  THE  ADMINISTERING
 AGENCY  ON  AT  LEAST A QUARTERLY BASIS WITH RESPECT TO COVERED PROJECTS
 THAT RECEIVE STATE FINANCIAL ASSISTANCE ON  OR  AFTER  SUCH  DATE.  SUCH
 WORKFORCE DISCLOSURE RECORDS SHALL INCLUDE:

 S. 5886                             3
 
   (A)  FOR  EACH  INDIVIDUAL  EMPLOYED  OR  OTHERWISE ENGAGED TO PERFORM
 CONSTRUCTION WORK BY THE COVERED DEVELOPER  OR  ANY  COVERED  CONTRACTOR
 DURING THE PRIOR YEAR:
   (I) THE NUMBER OF HOURS WORKED;
   (II) JOB TITLE;
   (III) FULL-TIME OR PART-TIME DESIGNATION;
   (IV) GROSS WAGES;
   (V) HOURLY RATE OF PAYMENT;
   (VI) PENSION, HEALTH, AND WELFARE FUNDS; AND
   (VII) ZIP CODE OF PRIMARY ADDRESS;
   (B)  FOR  EACH  INDIVIDUAL  EMPLOYED  OR  OTHERWISE ENGAGED TO PERFORM
 CONSTRUCTION WORK BY THE COVERED DEVELOPER OR  COVERED  CONTRACTOR,  WHO
 HAS  VOLUNTARILY  DISCLOSED  SUCH INDIVIDUAL'S GENDER AND RACE OR ETHNIC
 GROUP TO SUCH COVERED DEVELOPER AND COVERED CONTRACTOR FOR  THE  PURPOSE
 OF REPORTING UNDER THIS SECTION, SUCH GENDER AND RACE OR ETHNIC GROUP;
   (C)  FOR  EACH  JOB TITLE, WHERE SUCH INFORMATION IS MADE AVAILABLE TO
 SUCH COVERED DEVELOPER:
   (I) THE TOTAL NUMBER OF INDIVIDUALS EMPLOYED OR OTHERWISE  ENGAGED  TO
 PERFORM  PROJECT WORK BY THE COVERED DEVELOPER OR ANY COVERED CONTRACTOR
 DURING THE PRIOR YEAR, DISAGGREGATED BY GENDER, RACE  OR  ETHNIC  GROUP,
 AND FULL-TIME OR PART-TIME DESIGNATION;
   (II) THE AVERAGE NUMBER OF HOURS WORKED BY SUCH INDIVIDUALS;
   (III)  THE AVERAGE COMPENSATION OF SUCH INDIVIDUALS, INCLUDING BENEFIT
 INFORMATION; AND
   (IV) THE AMOUNT SUCH COVERED DEVELOPER OR COVERED CONTRACTOR  CONTRIB-
 UTED TO PENSION, HEALTH, AND WELFARE FUNDS;
   (D) THE ADDRESS, BLOCK, AND LOT NUMBER OF SUCH COVERED PROJECT; AND
   (E)  WHETHER SUCH COVERED DEVELOPER IS CERTIFIED AS EITHER A MINORITY-
 OWNED BUSINESS ENTERPRISE OR A WOMEN-OWNED BUSINESS ENTERPRISE, AS  SUCH
 TERMS ARE DEFINED IN SECTION THREE HUNDRED TEN OF THE EXECUTIVE LAW.
   2.  THE  INFORMATION REQUIRED BY SUBDIVISION ONE OF THIS SECTION SHALL
 BE SUBMITTED ELECTRONICALLY TO THE ADMINISTERING AGENCY IN  A  FORM  AND
 MANNER TO BE DETERMINED BY THE ADMINISTERING AGENCY.
   §  962.  REPORTING ON COVERED PROJECTS. 1. NO LATER THAN OCTOBER THIR-
 TY-FIRST, TWO THOUSAND TWENTY-THREE, THE ADMINISTERING AGENCY SHALL MAKE
 DATA REGARDING THE NUMBER OF HOURS WORKED, JOB TITLE, FULL-TIME OR PART-
 TIME DESIGNATION, TOTAL  COMPENSATION,  ZIP  CODE  OF  PRIMARY  ADDRESS,
 GENDER  AND  RACE  OR  ETHNIC  GROUP  RECEIVED  PURSUANT TO SECTION NINE
 HUNDRED SIXTY-ONE OF  THIS  ARTICLE  PUBLICLY  AVAILABLE  ONLINE  IN  AN
 ANONYMIZED MANNER.
   2.  NO LATER THAN OCTOBER THIRTY-FIRST, TWO THOUSAND TWENTY-THREE, AND
 ONCE EVERY THREE YEARS AFTER SUCH DATE, THE ADMINISTERING  AGENCY  SHALL
 SUBMIT  TO  THE GOVERNOR AND POST PUBLICLY ON THE WEBSITE OF THE DEPART-
 MENT OF LABOR, A REPORT PROVIDING DETAILS CONCERNING  THE  WORKFORCE  OF
 COVERED  PROJECTS.  SUCH  REPORT  SHALL  INCLUDE  INFORMATION CONCERNING
 TRENDS RELATED TO INDIVIDUALS EMPLOYED ON COVERED  PROJECTS  BASED  UPON
 DATA  AGGREGATED  FROM  WORKFORCE  DISCLOSURE RECORDS AS PROVIDED FOR BY
 SECTION NINE HUNDRED SIXTY-ONE OF THIS ARTICLE.
   § 963. DESIGNATION OF ADMINISTERING AGENCY.  THE  GOVERNOR  SHALL,  IN
 WRITING,  DESIGNATE  ONE  OR  MORE OFFICES OR AGENCIES TO ADMINISTER AND
 ENFORCE THE PROVISIONS OF THIS ARTICLE AND MAY, FROM TIME  TO  TIME,  AT
 THE  GOVERNOR'S  DISCRETION,  CHANGE SUCH DESIGNATION.   WITHIN TEN DAYS
 AFTER SUCH DESIGNATION OR CHANGE THEREOF, A COPY OF SUCH DESIGNATION  OR
 CHANGE  THEREOF  SHALL BE PUBLISHED ON THE GOVERNOR'S WEBSITE AND ON THE
 WEBSITE OF EACH SUCH OFFICE OR AGENCY.

 S. 5886                             4
 
   § 964. RECORDKEEPING. EACH COVERED DEVELOPER SHALL  RETAIN  COPIES  OF
 THE  INFORMATION  REQUIRED  TO  BE  SUBMITTED  PURSUANT  TO SECTION NINE
 HUNDRED SIXTY-ONE OF THIS ARTICLE FOR AT  LEAST  SIX  YEARS  AFTER  EACH
 COVERED  PROJECT'S COMPLETION DATE AND MAKE SUCH COPIES AVAILABLE TO THE
 ADMINISTERING AGENCY AT THE ADMINISTERING AGENCY'S REQUEST.
   §  965.  REMEDIES  AND ENFORCEMENT. VIOLATION OF THIS CHAPTER SHALL BE
 PUNISHABLE BY A CIVIL PENALTY OF NOT MORE THAN  FIVE  THOUSAND  DOLLARS,
 PROVIDED  THAT  THE ADMINISTERING AGENCY SHALL OFFER A COVERED DEVELOPER
 AN OPPORTUNITY TO CURE FOR A FIRST TIME VIOLATION OF THIS ARTICLE.  SUCH
 CIVIL  PENALTY  SHALL BE RECOVERED IN A PROCEEDING BEFORE AN ADMINISTRA-
 TIVE TRIBUNAL OF COMPETENT JURISDICTION OR IN  A  CIVIL  ACTION  IN  ANY
 COURT OF COMPETENT JURISDICTION.
   § 2. This act shall take effect on the one hundred eightieth day after
 it  shall have become a law. Effective immediately, the addition, amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation of this act on its effective date are authorized to be  made  and
 completed on or before such effective date.