Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
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May 23, 2022 |
print number 9298a |
May 23, 2022 |
amend and recommit to cities 1 |
May 13, 2022 |
referred to cities 1 |
Senate Bill S9298A
2021-2022 Legislative Session
Relates to community hiring and workforce development
download bill text pdfSponsored By
(D, WF) 21st Senate District
Archive: Last Bill Status - In Senate Committee Cities 1 Committee
- Introduced
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- In Committee Assembly
- In Committee Senate
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- On Floor Calendar Assembly
- On Floor Calendar Senate
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- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
Bill Amendments
co-Sponsors
(D) 14th Senate District
(D, WF) 31st Senate District
2021-S9298 - Details
- See Assembly Version of this Bill:
- A10445
- Current Committee:
- Senate Cities 1
- Law Section:
- New York City Charter
- Laws Affected:
- Add Chap 78 §§3401 & 3402, amd §311, NYC Chart; amd §2590-h, Ed L; amd §917, Gen Muni L; amd §816-b, Lab L; amd §§1728 & 1734, Pub Auth L; amd §§5 & 8, NYC Health & Hosp Corp Act; amd §2, Chap 749 of 2019
- Versions Introduced in 2023-2024 Legislative Session:
-
A1385
2021-S9298 - Sponsor Memo
BILL NUMBER: S9298 SPONSOR: PARKER TITLE OF BILL: An act to amend the New York city charter, the education law, the gener- al municipal law, the labor law, the public authorities law, the New York city health and hospitals corporation act, and the New York city public works investment act, in relation to 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 the expiration thereof SUMMARY OF PROVISIONS: Section 1 of this act contains legislative findings that income inequal- ity has expanded over the last several decades, that poverty is frequently concentrated in economically disadvantaged regions, and that economic disparities have further expanded due to the economic and health effects of the COVID-19 virus. Section 2 would add a new chapter 78 to the New York City Charter (Char-
ter) establishing an Office of Community Hiring and Workforce Develop- ment (CHWD). CHWD would be authorized to implement a community hiring program by administrative rules that provide that entities entering into transactions with the City and entities performing services under such transactions make best efforts to meet goals for hiring economically disadvantaged candidates (defined as persons whose income is below a threshold determined by the CHWD Director) and economically disadvan- taged region candidates (defined as persons who live in ZIP code areas where at least 15% of residents have incomes below the federal poverty level, residents of New York City Housing Authority (NYCHA) facilities, and residents of NYCHA-converted facilities). Transactions subject to this law would include certain procurement contracts, subject to exceptions where it would be impractical to apply such goals. Building service and construction labor would be subject to economic disadvantaged region candidate goals; other forms of labor would be subject to economically disadvantaged candidate goals. With respect to construction work, such rules would provide for entities to make best efforts to employ qualified economically disadvantaged region candidates to perform no less than 30% of the cumulative hours of construction labor on a transaction, and qualified economically disadvantaged region candidates who are apprentices to perform 9% of the cumulative hours on such transaction. Non-construction employment goals would be set on a transactionby-transaction basis. Section 2 would also authorize the CHWD Director to establish by rule a paper or electronic format for the submission of documents by employment referral sources and contractors and subcontractors performing or seeking to perform transactions subject to hiring goals. Section 3 would amend Charter § 311 to authorize the CHWD Director to promulgate rules authorizing agencies to incorporate into the award methodology for procurement contracts a quantitative factor based on a bidder or proposer's capacity to meet or exceed the applicable goals established pursuant to Charter § 3402(a)(added by section 2 of this act). Sections 2 and 3 would require the City to consider the potential impact on minority- or women-owned business enterprises, not-for-profit corpo- rations, and small businesses, when it establishes a schedule of civil penalties for non-compliance by rule and when the City sets a non-con- struction employment goal or incorporates a community hiring quantita- tive factor into the award methodology for a procurement contract. These provisions do not authorize differential treatment across classes of firms, but rather require City officials to remain mindful and deliber- ate in establishing such rules and taking such administrative actions, in order to create a level playing field in which many classes of firms can successfully participate in the community hiring program. Sections 4, 5, and 7 through 11 would create an unconsolidated section of law and amend Education Law § 2590-h, General Municipal Law § 917, Public Authorities Law §§ 1728 and 1734, and the New York City Health and Hospitals Corporation Act to authorize the City School District of the City of New York, the New York City School Construction Authority, the New York City Health and Hospitals Corporation, city affiliated not for profit corporations (e.g. the New York City Economic Development Corporation), and the New York City Industrial Development Agency to establish employment goals in accordance with the program established pursuant to section 2, including but not limited to the provisions applicable to construction employment goals set forth in proposed Char- ter § 3402(a)(7) and (d). With respect to some of these entities, the bill would authorize the establishment of quantitative factors to be used in awarding contracts based on a bidder's or proposer's capacity to meet or exceed such goals, similar to the provisions of section 3. Section 6 would amend Labor Law § 816-b to provide that a city with a population of one million or more inhabitants, or a school district or public benefit corporation operating primarily within such a city that is to be a direct or indirect party to a contract, may establish by specification a requirement that, in performing work, the contractor and its subcontractors utilize a minimum ratio of apprentices to journey- level workers. (This provision would not apply to contracts subject to employment goals for the utilization of apprentices who are economically disadvantaged region candidates, so as not to duplicate the function of the economically disadvantaged region candidate apprenticeship construction labor goals established by this act.) Section 12 would amend the New York City Public Works Investment Act by modifying the definition of "best value" to allow a quantitative factor to be used in the evaluation of bids or offers based on a bidder or offerer's capacity to meet or exceed goals established pursuant to the Charter provisions enacted in section 2. Section 13 would clarify that this act would not invalidate any provision of a project labor agreement or otherwise affect the contrac- tual rights of any party to such an agreement. Section 14 contains a severability clause for this legislation. Section 15 would provide that the sections of this act amending the Charter, the General Municipal Law, the Labor Law, the Public Authori- ties Law, and the New York City Health and Hospitals Corporation Act and the unconsolidated sections of this act would take effect 180 after it becomes law. This section 15 would also provide that the provisions of this act amending the Education Law and the New York City Public Works Investment Act would expire along with the relevant portions of such laws. The provisions amending the Education Law would continue to apply to any transaction entered into or for which a solicitation was released prior to such expiration, and any renewals, extensions, modifications, or amendments to such transaction. The provisions amending the New York City Public Works Investment Act would continue to apply to contracts after expiration pursuant to the terms of such act. REASONS FOR SUPPORT: After two years of struggle and loss, the City is prepared to emerge from the COVID-19 pandemic stronger than before with a recovery that is centered on equity and economic mobility. Through this program, the City will prove that its spending can not only get work done- it can lift people out of poverty and set them on a career path. By using City's purchasing power to connect New Yorkers to good jobs, this Community Hiring legislation will serve as a powerful vehicle to accelerate an equitable economic recovery for communities that are economically disad- vantaged, which disproportionately include those that are historically marginalized and were impacted by the health and economic effects of the pandemic. This legislation would establish an exception to restrictive provisions of state law, particularly those in Article 5-A of the Gener- al Municipal Law, to authorize the City to establish a robust and ambi- tious employment goals program which, according to projections, would create 200,000 job opportunities in the first five years for low-income people, NYCHA and NYCHA-conversion residents, and residents of low-in- come communities. The community hire program would ensure that people from low-income communities, including residents of NYCHA properties, would be prior- itized for various construction and building service jobs and appren- ticeship opportunities, including those resulting from the City's substantial investments in capital projects. This legislation would also allow a city with a population of one million or more inhabitants or a school district or public benefit corporation operating primarily within such a city to require a minimum ratio of apprentices to journey-level workers in certain procurement contracts. The combination of these apprenticeship provisions and hiring goals would create a pipeline for low-income communities to access middle-class jobs. The integrated provisions of the statutory framework would strike a careful balance in its delegation of rulemaking authority to the City and its affiliated entities, both ensuring administrative flexibility within the parameters of this legislation and mandating public transpar- ency regarding the community hire program. Accordingly, the Mayor urges the earliest possible favorable consider- ation of this proposal by the Legislature. Respectfully submitted,
2021-S9298 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 9298 I N S E N A T E May 13, 2022 ___________ Introduced by Sen. PARKER -- (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 AN ACT to amend the New York city charter, the education law, the gener- al municipal law, the labor law, the public authorities law, the New York city health and hospitals corporation act, and the New York city public works investment act, in relation to employment opportunities for economically disadvantaged candidates and economically disadvan- taged region candidates and apprenticeship utilization on public tran- sactions; and providing for the repeal of such provisions upon the expiration thereof THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Legislative findings. The legislature finds that both with- in the city of New York and across the United States, over the past several decades, income inequality has expanded and that poverty is frequently concentrated in economically disadvantaged regions. The legislature also finds that economic disparities across individuals and across communities have further expanded due to the economic and health effects of the virus known as COVID-19. The purpose of this legislation is to remediate these economic disparities by authorizing the city of New York, the city school district of the city of New York, the New York city school construction authority, the New York city health and hospi- tals corporation, the New York city industrial development agency, and other city-affiliated not-for-profit corporations to use the economic power of their transactions to implement programs by administrative rule requiring contractors and subcontractors benefitting from such trans- actions to make best efforts to employ qualified economically disadvan- taged candidates and qualified candidates in such economically disadvan- taged regions. § 2. The New York city charter is amended by adding a new chapter 78 to read as follows: CHAPTER 78 COMMUNITY HIRING AND WORKFORCE DEVELOPMENT EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
LBD11713-02-2 S. 9298 2 § 3401. DEFINITIONS. AS USED IN THIS CHAPTER, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS: APPRENTICE. THE TERM "APPRENTICE" MEANS AN INDIVIDUAL WHO IS RECEIVING TRAINING AND PERFORMING LABOR PURSUANT TO AN APPRENTICESHIP AGREEMENT. APPRENTICESHIP AGREEMENT. THE TERM "APPRENTICESHIP AGREEMENT" MEANS AN AGREEMENT, AS SUCH TERM IS DEFINED BY SECTION EIGHT HUNDRED SIXTEEN OF THE LABOR LAW, THAT HAS BEEN REGISTERED WITH, AND APPROVED BY, THE COMMISSIONER OF LABOR OF THE STATE OF NEW YORK PURSUANT TO ARTICLE TWEN- TY-THREE OF THE LABOR LAW. BUILDING SERVICE WORK. THE TERM "BUILDING SERVICE WORK" MEANS: (1) ANY LABOR OF A TYPE THAT THE APPLICABLE FISCAL OFFICER, AS DEFINED IN SUBDIVISION EIGHT OF SECTION TWO HUNDRED THIRTY OF THE LABOR LAW, HAS IDENTIFIED IN A PUBLISHED SCHEDULE AS A CLASSIFICATION OF WORK PERFORMED IN CONNECTION WITH THE CARE OR MAINTENANCE OF AN EXISTING BUILDING, OR IN CONNECTION WITH THE TRANSPORTATION OF OFFICE FURNITURE OR EQUIPMENT TO OR FROM SUCH BUILDING, OR IN CONNECTION WITH THE TRANSPORTATION AND DELIVERY OF FOSSIL FUEL TO SUCH BUILDING, REGARDLESS OF WHETHER SUCH LABOR CONSTITUTES BUILDING SERVICE WORK PURSUANT TO ARTICLE NINE OF THE LABOR LAW; AND (2) ANY ADDITIONAL TYPES OF LABOR IDENTIFIED BY THE DIRECTOR BY RULE, PROVIDED THAT SUCH LABOR SHALL NOT INCLUDE CONSTRUCTION. CITY-AFFILIATED NOT-FOR-PROFIT CORPORATION. THE TERM "CITY-AFFILIATED NOT-FOR-PROFIT CORPORATION" MEANS A LOCAL DEVELOPMENT CORPORATION OR OTHER NOT-FOR-PROFIT CORPORATION, A MAJORITY OF WHOSE MEMBERS ARE APPOINTED BY THE MAYOR. CONSTRUCTION. THE TERM "CONSTRUCTION" MEANS: (1) ANY LABOR OF A TYPE THAT THE APPLICABLE FISCAL OFFICER, AS DEFINED IN PARAGRAPH E OF SUBDIVISION FIVE OF SECTION TWO HUNDRED TWENTY OF THE LABOR LAW, HAS IDENTIFIED IN A PUBLISHED SCHEDULE AS A CLASSIFICATION OF WORK PERFORMED BY LABORERS, WORKMEN OR MECHANICS, REGARDLESS OF WHETHER SUCH LABOR CONSTITUTES PUBLIC WORK PURSUANT TO SUCH SECTION; AND (2) ANY ADDITIONAL TYPES OF LABOR IDENTIFIED BY THE DIRECTOR BY RULE, PROVIDED THAT SUCH LABOR SHALL NOT INCLUDE BUILDING SERVICE WORK. CONTRACTOR. THE TERM "CONTRACTOR" MEANS AN INDIVIDUAL, COMPANY, CORPO- RATION, PARTNERSHIP, OR OTHER ENTITY THAT HAS ENTERED INTO A TRANSACTION WITH THE CITY, EXCEPT THAT THE TERM "CONTRACTOR" DOES NOT INCLUDE: (1) ANY GOVERNMENTAL ENTITY; (2) ANY MICROBUSINESS, OTHER THAN A MICROBUSINESS PERFORMING CONSTRUCTION WORK UNDER A TRANSACTION; OR (3) ANY LABOR ORGANIZATION. DIRECTOR. THE TERM "DIRECTOR" MEANS THE DIRECTOR OF THE OFFICE OF COMMUNITY HIRING AND WORKFORCE DEVELOPMENT OR HIS OR HER DESIGNEE. ECONOMICALLY DISADVANTAGED CANDIDATE. THE TERM "ECONOMICALLY DISADVAN- TAGED CANDIDATE" MEANS AN INDIVIDUAL WHOSE INCOME OR HOUSEHOLD INCOME FALLS BELOW AN APPLICABLE QUANTITATIVE THRESHOLD DETERMINED BY THE DIRECTOR AND WHO IS CERTIFIED AS MEETING ALL APPLICABLE REQUIREMENTS. ECONOMICALLY DISADVANTAGED REGION. THE TERM "ECONOMICALLY DISADVAN- TAGED REGION" MEANS AN AREA, REPRESENTED BY ITS ZIP CODE, IN WHICH AT LEAST FIFTEEN PERCENT OF RESIDENTS HAVE HOUSEHOLD INCOMES BELOW THE FEDERAL POVERTY THRESHOLD. ECONOMICALLY DISADVANTAGED REGION CANDIDATE. THE TERM "ECONOMICALLY DISADVANTAGED REGION CANDIDATE" MEANS AN INDIVIDUAL WHO IS CERTIFIED AS MEETING ALL APPLICABLE REQUIREMENTS AND WHO IS A: (1) RESIDENT OF AN ADDRESS WITHIN AN ECONOMICALLY DISADVANTAGED REGION; S. 9298 3 (2) RESIDENT OF A BUILDING THAT IS OWNED AND OPERATED BY THE NEW YORK CITY HOUSING AUTHORITY; OR (3) RESIDENT OF A DWELLING UNIT THAT IS: (I) SUBJECT TO A REGULATORY AGREEMENT WITH A FEDERAL, STATE OR LOCAL GOVERNMENT AGENCY REQUIRING THAT OCCUPANCY OF SUCH UNIT BE RESTRICTED BASED ON THE INCOME OF THE OCCUPANTS; AND (II) LOCATED IN A BUILDING THAT WAS PREVIOUSLY OPERATED BY THE NEW YORK CITY HOUSING AUTHORITY, WAS PREVIOUSLY SUBJECT TO SECTION NINE OF THE UNITED STATES HOUSING ACT OF NINETEEN THIRTY-SEVEN, AS AMENDED, AND IS SUBJECT TO SECTION EIGHT OF SUCH ACT. EMPLOYMENT OPPORTUNITY. THE TERM "EMPLOYMENT OPPORTUNITY" MEANS AN EMPLOYMENT OPPORTUNITY DIRECTLY RESULTING FROM A TRANSACTION. EXEMPT TRANSACTION. THE TERM "EXEMPT TRANSACTION" INCLUDES ANY: (1) CONTRACT PROCURED PURSUANT TO SECTION ONE HUNDRED SIXTY-TWO OF THE STATE FINANCE LAW; (2) CONTRACT FOR THE PERFORMANCE OF SERVICES BY A CITY-AFFILIATED NOT-FOR-PROFIT CORPORATION; (3) CONTRACT THE PRINCIPAL PURPOSE OF WHICH IS THE SUPPLY OF GOODS; (4) CONTRACT IN AN AMOUNT BELOW THE SMALL PURCHASE THRESHOLD SET PURSUANT TO THE AUTHORITY AND PROCEDURE SET FORTH IN SUBDIVISION A OF SECTION THREE HUNDRED FOURTEEN OF THE CHARTER; (5) CONTRACT FOR CONFIDENTIAL OR INVESTIGATIVE SERVICES OR ANY OTHER TYPE OF AGREEMENT OR PROJECT EXCLUDED BY A RULE ADOPTED BY THE DIRECTOR BASED ON A DETERMINATION THAT THE APPLICATION OF GOALS UNDER THIS PROGRAM WOULD SUBSTANTIALLY UNDERMINE THE PRIMARY OBJECTIVE OF THAT TYPE OF CONTRACT; (6) CONTRACT SUBJECT TO FEDERAL OR STATE FUNDING REQUIREMENTS THAT PRECLUDE OR SUBSTANTIALLY CONFLICT WITH THE APPLICATION OF GOALS UNDER THIS PROGRAM; (7) CONTRACT FOR EMERGENCY DEMOLITION SERVICES PROCURED BY THE DEPART- MENT OF HOUSING PRESERVATION AND DEVELOPMENT PURSUANT TO THE PROCEDURE SET FORTH IN SECTION THREE HUNDRED FIFTEEN OF THE CHARTER; OR (8) LINE ITEM APPROPRIATIONS OR DISCRETIONARY FUNDS ALLOCATED TO A COMMUNITY-BASED NOT-FOR-PROFIT ORGANIZATION OR OTHER PUBLIC SERVICE ORGANIZATION AND IDENTIFIED IN THE BUDGET ADOPTED PURSUANT TO SECTION TWO HUNDRED FIFTY-FOUR OF THE CHARTER OR ANY RELATED COUNCIL RESOL- UTIONS, EXCEPT AS OTHERWISE PROVIDED BY RULE BY THE DIRECTOR. LABOR ORGANIZATION. THE TERM "LABOR ORGANIZATION" HAS THE MEANING PROVIDED IN SECTION ONE HUNDRED FIFTY-TWO OF TITLE TWENTY-NINE OF THE UNITED STATES CODE, OR ANY SUCCESSOR PROVISION. MICROBUSINESS. THE TERM "MICROBUSINESS" MEANS AN INDIVIDUAL, COMPANY, CORPORATION, PARTNERSHIP OR OTHER ENTITY THAT EMPLOYS NO LESS THAN ONE EMPLOYEE AND NO MORE THAN NINE EMPLOYEES. MWBE. THE TERM "MWBE" MEANS A BUSINESS CERTIFIED AS A MINORITY OR WOMEN-OWNED BUSINESS ENTERPRISE PURSUANT TO ARTICLE FIFTEEN-A OF THE EXECUTIVE LAW OR SECTION THIRTEEN HUNDRED FOUR OF THE CHARTER. PROJECT LABOR AGREEMENT. THE TERM "PROJECT LABOR AGREEMENT" MEANS A PRE-HIRE COLLECTIVE BARGAINING AGREEMENT ENTERED INTO BETWEEN THE CITY AND A BONA FIDE BUILDING AND CONSTRUCTION TRADE LABOR ORGANIZATION ESTABLISHING THE LABOR ORGANIZATION OR ITS AFFILIATES AS THE COLLECTIVE BARGAINING REPRESENTATIVE FOR ALL PERSONS WHO WILL PERFORM CONSTRUCTION WORK ON A TRANSACTION, PROVIDED SUCH AGREEMENT: (1) PROVIDES THAT ONLY CONTRACTORS AND SUBCONTRACTORS WHO SIGN A PRE- NEGOTIATED AGREEMENT WITH THE LABOR ORGANIZATION CAN PERFORM SUCH WORK ON SUCH TRANSACTION; AND S. 9298 4 (2) INCLUDES GOALS FOR THE EMPLOYMENT OF QUALIFIED ECONOMICALLY DISAD- VANTAGED REGION CANDIDATES TO PERFORM SUCH WORK. REFERRAL SOURCE. THE TERM "REFERRAL SOURCE" MEANS AN INDIVIDUAL, COMPANY, CORPORATION, PARTNERSHIP, AGENCY, OR OTHER ENTITY SELECTED PURSUANT TO PARAGRAPH THREE OF SUBDIVISION A OF SECTION THIRTY-FOUR HUNDRED TWO OF THIS CHAPTER TO MAKE REFERRALS OF CANDIDATES TO CONTRAC- TORS, PROSPECTIVE CONTRACTORS, SUBCONTRACTORS, AND PROSPECTIVE SUBCON- TRACTORS FOR THE PURPOSES OF MEETING THE APPLICABLE EMPLOYMENT GOALS SET FORTH IN SUCH SECTION. SMALL BUSINESS. THE TERM "SMALL BUSINESS" MEANS AN ENTITY THAT: (1) IS INDEPENDENTLY OWNED AND OPERATED; AND (2) HAS ANNUAL GROSS REVENUES NOT EXCEEDING FIVE MILLION DOLLARS OR A LESSER AMOUNT ESTABLISHED BY THE DIRECTOR BY RULE. SUBCONTRACTOR. THE TERM "SUBCONTRACTOR" MEANS AN INDIVIDUAL, COMPANY, CORPORATION, PARTNERSHIP OR OTHER ENTITY THAT HAS ENTERED INTO AN AGREE- MENT WITH A CONTRACTOR OR ANOTHER SUBCONTRACTOR IN ORDER TO PERFORM SERVICES OR ANY OTHER OBLIGATION UNDER A TRANSACTION, PROVIDED THAT SUCH AGREEMENT INVOLVES THE PERFORMANCE OF CONSTRUCTION WORK OF ANY VALUE, OR THE TOTAL DOLLAR VALUE OF SUCH AGREEMENT EXCEEDS TWENTY THOUSAND DOLLARS, AND FURTHER PROVIDED THAT THE TERM "SUBCONTRACTOR" DOES NOT INCLUDE: (1) EMPLOYEES; (2) GOVERNMENTAL ENTITIES; (3) MICROBUSINESSES, OTHER THAN MICROBUSINESSES PERFORMING CONSTRUCTION WORK UNDER A TRANSACTION; OR (4) LABOR ORGANIZATIONS. TRANSACTION. THE TERM "TRANSACTION" MEANS, A PROCUREMENT CONTRACT EXCEPT THAT THE TERM "TRANSACTION" SHALL NOT INCLUDE ANY EXEMPT TRANS- ACTION. § 3402. OFFICE OF COMMUNITY HIRING AND WORKFORCE DEVELOPMENT. A. OFFICE ESTABLISHED. THE MAYOR SHALL ESTABLISH AN OFFICE OF COMMUNITY HIRING AND WORKFORCE DEVELOPMENT. SUCH OFFICE MAY BE ESTABLISHED AS A SEPARATE OFFICE OR WITHIN ANY DEPARTMENT THE HEAD OF WHICH IS APPOINTED BY THE MAYOR. THE OFFICE OF COMMUNITY HIRING AND WORKFORCE DEVELOPMENT SHALL BE HEADED BY A DIRECTOR WHO SHALL BE APPOINTED BY THE MAYOR OR HEAD OF SUCH DEPARTMENT. THE DIRECTOR SHALL, AS THE DIRECTOR DEEMS APPROPRIATE, ADOPT RULES CONSISTENT WITH THE PURPOSE OF THIS CHAPTER RELATING TO EMPLOYMENT GOALS ON TRANSACTIONS, INCLUDING RULES: (1) REQUIRING CONTRACTORS AND SUBCONTRACTORS TO AGREE TO PUBLICLY DISCLOSE EMPLOYMENT OPPORTUNITIES; (2) ESTABLISHING A PROCEDURE FOR THE CERTIFICATION OF INDIVIDUALS AS ECONOMICALLY DISADVANTAGED CANDIDATES, ECONOMICALLY DISADVANTAGED REGION CANDIDATES, OR BOTH, PROVIDED THAT SUCH CERTIFICATION PROCEDURE SHALL, TO THE EXTENT THE DIRECTOR DEEMS FEASIBLE, USE DATA SOURCES AND ADMINIS- TRATIVE PROCESSES ESTABLISHED OR MAINTAINED BY THE CITY FOR OTHER PROGRAMS OR OPERATIONS IN ORDER TO MINIMIZE ADMINISTRATIVE BURDENS ON CONTRACTORS, SUBCONTRACTORS, AND INDIVIDUALS; (3) ESTABLISHING A PROCEDURE BY WHICH THE DIRECTOR MAY APPROVE REFER- RAL SOURCES FOR THE PURPOSES OF THIS SECTION, WHEREBY THE DIRECTOR SHALL: (I) PUBLICLY RELEASE A REFERRAL SOURCE SOLICITATION THAT INCLUDES A DESCRIPTION OF FUNCTIONS OF A REFERRAL SOURCE, THE MANNER IN WHICH RESPONSES MUST BE SUBMITTED, AND THE CRITERIA BY WHICH RESPONDING ENTI- TIES WILL BE APPROVED, AND AUTHORIZE ONE OR MORE ENTITIES, AS APPROPRI- ATE, TO FUNCTION AS REFERRAL SOURCES, BASED ON THE CRITERIA INCLUDED IN THE SOLICITATION; S. 9298 5 (II) AUTHORIZE AN AGENCY IN WRITING TO FUNCTION AS A REFERRAL SOURCE; OR (III) AUTHORIZE, IN WRITING, AN ENTITY ENGAGED PURSUANT TO AN AGREE- MENT WITH AN AGENCY FOR EMPLOYMENT RECRUITMENT SERVICES OR OTHER WORK- FORCE DEVELOPMENT SERVICES TO FUNCTION AS A REFERRAL SOURCE; (4) ESTABLISHING A PROCEDURE THROUGH WHICH THE DIRECTOR MAY PROVIDE INFORMATION REGARDING REFERRAL SOURCES TO CONTRACTORS, SUBCONTRACTORS, PROSPECTIVE CONTRACTORS, AND PROSPECTIVE SUBCONTRACTORS; (5) ESTABLISHING A PROCEDURE BY WHICH THE DIRECTOR SHALL MONITOR AND CRITERIA BY WHICH THE DIRECTOR SHALL EVALUATE THE PERFORMANCE OF EACH REFERRAL SOURCE ON AN ANNUAL BASIS, AND WHERE THE DIRECTOR DETERMINES THAT A REFERRAL SOURCE HAS PERFORMED INADEQUATELY, TERMINATE OR SUSPEND THE REFERRAL SOURCE; (6) REQUIRING RECIPIENTS TO AGREE TO MAKE BEST EFFORTS TO INTERVIEW, AS APPROPRIATE, AND TO EXTEND OFFERS OF EMPLOYMENT TO QUALIFIED ECONOM- ICALLY DISADVANTAGED REGION CANDIDATES IN ORDER TO MEET EMPLOYMENT GOALS RELATING TO BUILDING SERVICE WORK, AND ESTABLISHING SUCH GOALS BASED ON: (I) THE PERCENTAGE OF THE CUMULATIVE HOURS OF LABOR PERFORMED BY SUCH CANDIDATES; (II) A PERCENTAGE OF EMPLOYMENT OPPORTUNITIES; OR (III) THE TOTAL VALUE OF THE TRANSACTION; (7) REQUIRING CONTRACTORS AND SUBCONTRACTORS TO AGREE TO MAKE BEST EFFORTS TO EMPLOY QUALIFIED ECONOMICALLY DISADVANTAGED REGION CANDIDATES TO PERFORM NO LESS THAN THIRTY PERCENT OF THE CUMULATIVE HOURS OF CONSTRUCTION LABOR ON TRANSACTIONS INVOLVING CONSTRUCTION WORK, AND ADDITIONALLY REQUIRING, TO THE EXTENT FEASIBLE CONSISTENT WITH THE MAXI- MUM RATIOS OF APPRENTICES TO JOURNEY-LEVEL WORKERS ESTABLISHED BY THE NEW YORK STATE DEPARTMENT OF LABOR, THAT SUCH CONTRACTORS AND SUBCON- TRACTORS AGREE TO MAKE BEST EFFORTS TO EMPLOY APPRENTICES WHO ARE QUALI- FIED ECONOMICALLY DISADVANTAGED REGION CANDIDATES TO PERFORM NO LESS THAN NINE PERCENT OF SUCH CUMULATIVE HOURS OF CONSTRUCTION LABOR, PROVIDED THAT LABOR PERFORMED BY APPRENTICES WHO ARE QUALIFIED ECONOM- ICALLY DISADVANTAGED REGION CANDIDATES SHALL BE CREDITED TOWARDS THE ACHIEVEMENT OF BOTH EMPLOYMENT GOALS SET FORTH IN THIS PARAGRAPH, AND FURTHER PROVIDED THAT PRIOR TO RELEASING A SOLICITATION FOR A TRANS- ACTION OR OTHERWISE INITIATING A PROCESS FOR ENTERING INTO A TRANS- ACTION, AS APPLICABLE, THE DIRECTOR MAY WAIVE SUCH REQUIREMENTS WHERE THE DIRECTOR DETERMINES IN WRITING THAT SUCH WAIVER IS IN THE BEST INTEREST OF THE CITY; (8) REQUIRING CONTRACTORS TO AGREE TO MAKE BEST EFFORTS TO INTERVIEW AND TO EXTEND OFFERS OF EMPLOYMENT TO QUALIFIED ECONOMICALLY DISADVAN- TAGED CANDIDATES IN ORDER TO MEET EMPLOYMENT GOALS RELATING TO WORK THAT NEITHER INVOLVES CONSTRUCTION WORK NOR BUILDING SERVICE WORK, AND ESTAB- LISHING SUCH GOALS BASED ON: (I) THE PERCENTAGE OF THE CUMULATIVE HOURS OF LABOR PERFORMED BY SUCH CANDIDATES; (II) A PERCENTAGE OF EMPLOYMENT OPPORTUNITIES; OR (III) THE TOTAL VALUE OF THE TRANSACTION; (9) REQUIRING SUBCONTRACTORS TO AGREE TO MAKE BEST EFFORTS TO INTER- VIEW, AS APPROPRIATE, AND TO EXTEND OFFERS OF EMPLOYMENT TO QUALIFIED CANDIDATES IN ORDER TO MEET ANY EMPLOYMENT GOALS DESCRIBED IN PARAGRAPH SIX OR EIGHT OF THIS SUBDIVISION AND ESTABLISHED PURSUANT TO RULES ADOPTED BY THE DIRECTOR; (10) ESTABLISHING A SCHEDULE OF CIVIL PENALTIES, BASED ON FACTORS INCLUDING BUT NOT LIMITED TO A CONTRACTOR'S INDUSTRY OR ANY RELEVANT OCCUPATIONS EMPLOYED BY A CONTRACTOR OR SUBCONTRACTOR, THAT THE DIRECTOR S. 9298 6 OR AN APPLICABLE AGENCY MAY IMPOSE ON A CONTRACTOR DUE TO THE CONTRAC- TOR'S OR A SUBCONTRACTOR'S NON-COMPLIANCE WITH AN OBLIGATION CREATED PURSUANT TO THIS SECTION AND A PROCEDURE FOR THE IMPOSITION OF SUCH PENALTIES, WHICH WILL NOT EXCLUDE OTHER REMEDIES ESTABLISHED IN THIS CHARTER OR ANY OTHER LAW, PROVIDED THAT ANY CIVIL PENALTIES IMPOSED PURSUANT TO THIS PARAGRAPH SHALL NOT EXCEED TWO THOUSAND FIVE HUNDRED DOLLARS FOR EACH NON-COMPLIANCE WITH SUCH AN OBLIGATION OR EACH FAILURE TO CORRECT SUCH NON-COMPLIANCE, AND FURTHER PROVIDED THAT WHEN PROMUL- GATING RULES ESTABLISHING OR AMENDING SUCH A SCHEDULE OF CIVIL PENAL- TIES, THE DIRECTOR SHALL CONSIDER THE POTENTIAL IMPACT OF SUCH PENALTIES ON CONTRACTORS AND SUBCONTRACTORS THAT ARE MWBES, NOT-FOR-PROFIT CORPO- RATIONS, OR SMALL BUSINESSES; (11) DESIGNATE PAPER OR ELECTRONIC FORMATS FOR THE SUBMISSION OF DOCU- MENTS RELATED TO THE SELECTION AND OPERATION OF REFERRAL SOURCES AND CONTRACTORS AND SUBCONTRACTORS SUBJECT TO GOALS PURSUANT TO PARAGRAPHS SIX THROUGH NINE OF THIS SUBDIVISION, AS APPLICABLE, INCLUDING BUT NOT LIMITED TO, DOCUMENTS CONTAINING INFORMATION REQUIRED PURSUANT TO PARA- GRAPHS ONE AND THREE OF THIS SUBDIVISION AND SUBDIVISION C AND SUBPARA- GRAPHS (E) AND (F) OF PARAGRAPH ONE OF SUBDIVISION D OF THIS SECTION; SOLICITATION DOCUMENTS AND RESPONSES, INCLUDING BIDS AND PROPOSALS; AND DATA RELATED TO LABOR PERFORMED PURSUANT TO TRANSACTIONS, INCLUDING PAYROLL REPORTS, AS APPLICABLE; AND (12) (A) AUTHORIZING THE DIRECTOR TO ESTABLISH FACTORS BY WHICH GOALS DESCRIBED IN PARAGRAPHS SIX, EIGHT, AND NINE OF THIS SUBDIVISION WILL BE ESTABLISHED FOR INDIVIDUAL TRANSACTION, INCLUDING: (I) THE SCOPE OF THE TRANSACTION; (II) THE AVAILABILITY OF QUALIFIED ECONOMICALLY DISADVANTAGED CANDI- DATES AND ECONOMICALLY DISADVANTAGED REGION CANDIDATES; (III) THE NATURE OF ANY EMPLOYMENT OPPORTUNITIES; (IV) THE POTENTIAL IMPACT OF SUCH GOAL ON CONTRACTORS AND SUBCONTRAC- TORS, AS APPLICABLE, THAT ARE MWBES, NOT-FOR-PROFIT CORPORATIONS, OR SMALL BUSINESSES; AND (V) ANY OTHER SIMILAR FACTORS. (B) PRIOR TO SETTING A GOAL PURSUANT TO THIS SUBDIVISION FOR AN INDI- VIDUAL TRANSACTION, THE AGENCY ENTERING INTO THE TRANSACTION SHALL CONSIDER THE GOALS SET FOR PREVIOUS, SIMILAR TRANSACTIONS AND WHETHER SUCH GOALS WERE APPROPRIATE FOR SUCH TRANSACTIONS. B. LISTS OF ECONOMICALLY DISADVANTAGED REGIONS. NO LATER THAN NINETY DAYS AFTER THE EFFECTIVE DATE OF THIS SECTION, AND AT LEAST ONCE DURING EACH TWELVE-MONTH PERIOD THEREAFTER, THE DIRECTOR SHALL PUBLISH A REPORT INCLUDING AN UPDATED LIST OF ALL ECONOMICALLY DISADVANTAGED REGIONS WITHIN A RADIUS OF ONE HUNDRED MILES OF THE CITY OR ALL SUCH ECONOM- ICALLY DISADVANTAGED REGIONS WITHIN THE METROPOLITAN AREA. NOTHING SHALL PRECLUDE AN INDIVIDUAL WHOSE RESIDENCE IS WITHIN AN ECONOMICALLY DISAD- VANTAGED REGION THAT IS NOT INCLUDED IN SUCH LIST FROM QUALIFYING AS AN ECONOMICALLY DISADVANTAGED REGION CANDIDATE FOR THE PURPOSES OF GOALS SET UNDER THIS SECTION. C. REPORTING. NO LATER THAN ONE HUNDRED EIGHTY DAYS AFTER THE EFFEC- TIVE DATE OF THIS SECTION AND EACH QUARTER THEREAFTER, THE OFFICE OF COMMUNITY HIRING AND WORKFORCE DEVELOPMENT SHALL PUBLISH A REPORT ON A WEBSITE MAINTAINED OR CONTROLLED BY THE CITY, PURSUANT TO RULES ADOPTED BY THE DIRECTOR, THAT SHALL INCLUDE, FOR EACH TRANSACTION SUBJECT TO A GOAL ESTABLISHED PURSUANT TO PARAGRAPHS SIX, SEVEN, OR EIGHT OF SUBDIVI- SION A OF THIS SECTION, INFORMATION DEMONSTRATING THE CORRESPONDING CONTRACTOR'S PROGRESS TOWARDS MEETING SUCH GOAL AND, IF APPLICABLE, ANY SUBCONTRACTORS' PROGRESS TOWARDS MEETING ANY GOAL ESTABLISHED PURSUANT S. 9298 7 TO PARAGRAPHS SEVEN OR NINE OF SUBDIVISION A OF THIS SECTION, AND AGGRE- GATE INFORMATION REGARDING THE DEMOGRAPHICS AND COMPENSATION OF ECONOM- ICALLY DISADVANTAGED REGION CANDIDATES, ECONOMICALLY DISADVANTAGED CANDIDATES, AND APPRENTICES WHO ARE ECONOMICALLY DISADVANTAGED REGION CANDIDATES, AS APPLICABLE, RELATIVE TO ALL INDIVIDUALS EMPLOYED BY SUCH CONTRACTOR AND, IF APPLICABLE, SUBCONTRACTORS ON SUCH TRANSACTION. IN COMPILING THIS REPORT, THE DIRECTOR SHALL, TO THE EXTENT HE OR SHE DEEMS FEASIBLE, USE DATA SOURCES ESTABLISHED OR MAINTAINED BY THE CITY FOR OTHER PROGRAMS OR OPERATIONS IN ORDER TO MINIMIZE ADMINISTRATIVE BURDENS ON CONTRACTORS AND SUBCONTRACTORS, PROVIDED THAT WHERE THE DIRECTOR DETERMINES THAT SUCH DATA SOURCES CANNOT BE USED TO COMPLETE SUCH REPORT, THE DIRECTOR MAY ADOPT RULES REQUIRING CONTRACTORS AND SUBCON- TRACTORS TO PROVIDE SUCH ADDITIONAL DATA NECESSARY TO COMPLETE THIS REPORT, AND TO CERTIFY THE ACCURACY OF SUCH ADDITIONAL INFORMATION. NOTHING IN THIS SUBDIVISION SHALL BE INTERPRETED TO AUTHORIZE THE DIREC- TOR TO PROMULGATE RULES REQUIRING LABOR ORGANIZATIONS TO PROVIDE INFOR- MATION ON A REGULAR BASIS TO COMPLETE SUCH REPORTS. D. BEST EFFORTS. (1) IN DETERMINING WHETHER A CONTRACTOR OR SUBCON- TRACTOR HAS EXERCISED BEST EFFORTS TO MEET THE EMPLOYMENT GOALS ESTAB- LISHED PURSUANT TO SUBDIVISION A OF THIS SECTION, THE DIRECTOR SHALL CONSIDER THE DEGREE TO WHICH THE CONTRACTOR OR SUBCONTRACTOR HAS ENDEAV- ORED: (A) TO REVIEW ECONOMICALLY DISADVANTAGED REGION CANDIDATES' AND ECONOMICALLY DISADVANTAGED CANDIDATES' QUALIFICATIONS, AS APPLICABLE, IN GOOD FAITH; (B) TO ADVERTISE EMPLOYMENT OPPORTUNITIES, AS APPLICABLE, IN A MANNER REASONABLY INTENDED TO ATTRACT QUALIFIED ECONOMICALLY DISADVANTAGED CANDIDATES OR ECONOMICALLY DISADVANTAGED REGION CANDIDATES, EXCEPT THAT CONTRACTORS AND SUBCONTRACTORS PERFORMING CONSTRUCTION WORK PURSUANT TO A PROJECT LABOR AGREEMENT SHALL NOT BE REQUIRED TO ADVERTISE EMPLOYMENT OPPORTUNITIES FOR CONSTRUCTION WORK; (C) TO COORDINATE WITH REFERRAL SOURCES OR APPRENTICESHIP PROGRAMS, AS APPLICABLE, IN ORDER TO INTERVIEW, IF APPLICABLE, AND EMPLOY SUCH CANDI- DATES IDENTIFIED BY SUCH REFERRAL SOURCES OR APPRENTICESHIP PROGRAMS, PROVIDED THAT FOR CONTRACTORS AND SUBCONTRACTORS PERFORMING CONSTRUCTION WORK PURSUANT TO A PROJECT LABOR AGREEMENT, THE DIRECTOR SHALL ONLY CONSIDER THE DEGREE TO WHICH THE CONTRACTOR OR SUBCONTRACTOR HAS ENDEAV- ORED TO COORDINATE WITH ANY ORGANIZATIONS AUTHORIZED UNDER SUCH PROJECT LABOR AGREEMENT TO REFER CANDIDATES; (D) TO REVIEW AND ORGANIZE THE WORK UNDER THE TRANSACTION IN ORDER TO ELIMINATE OBSTACLES TO MEETING SUCH EMPLOYMENT GOALS; (E) TO MONITOR AND TO DOCUMENT THE CONTRACTOR'S OR SUBCONTRACTOR'S EFFORTS TO MEET THE EMPLOYMENT GOALS; (F) TO CONTACT THE OFFICE OF COMMUNITY HIRING AND WORKFORCE DEVELOP- MENT AT ROUTINE INTERVALS, OR AS OTHERWISE REQUIRED BY RULE, TO INFORM THE DIRECTOR OF THE CONTRACTOR'S OR SUBCONTRACTOR'S EFFORTS TO MEET THE EMPLOYMENT GOALS; AND (G) TO TAKE ALL OTHER COMMERCIALLY REASONABLE ACTIONS TO MEET THE EMPLOYMENT GOALS. (2) IN ORDER TO EXERCISE BEST EFFORTS, NEITHER CONTRACTORS NOR SUBCON- TRACTORS ARE REQUIRED: (A) TO UNDERTAKE AN UNDUE FINANCIAL BURDEN; (B) TO TERMINATE OR SUBSTANTIALLY REDUCE THE WORK LEVELS OF ANY OF A CONTRACTOR'S OR SUBCONTRACTOR'S EXISTING EMPLOYEES; OR (C) TO EXTEND AN OFFER OF EMPLOYMENT TO AN INDIVIDUAL WHOSE LABOR WOULD NOT BE COMMERCIALLY USEFUL. S. 9298 8 E. DISCRETIONARY APPLICATION OF GOALS. NOTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION, EMPLOYMENT GOALS AUTHORIZED UNDER PARAGRAPHS SIX THROUGH NINE OF SUBDIVISION A OF THIS SECTION MAY, BUT ARE NOT REQUIRED TO BE, ESTABLISHED FOR TRANSACTIONS THAT ARE EMERGENCY PROCURE- MENT CONTRACTS PROCURED PURSUANT TO THE PROCEDURE SET FORTH IN SECTION THREE HUNDRED FIFTEEN OF THE CHARTER. F. ADJUSTMENT OF CONSTRUCTION GOALS. ON A BIANNUAL BASIS, THE DIRECTOR SHALL REVIEW AND THEREAFTER MAY PROMULGATE RULES INCREASING OR DECREAS- ING THE VALUE OF THE EMPLOYMENT GOALS ESTABLISHED UNDER PARAGRAPH SEVEN OF SUBDIVISION A OF THIS SECTION. G. WAGE PAYMENT ASSURANCES. THE DIRECTOR MAY PROMULGATE RULES SETTING FORTH STANDARDS AND A PROCEDURE BY WHICH CONTRACTORS AND SUBCONTRACTORS THAT THE DIRECTOR HAS DETERMINED HAVE A RECORD OF FAILING TO PAY WAGES, INCLUDING BUT NOT LIMITED TO PREVAILING WAGES AND BENEFITS REQUIRED PURSUANT TO ARTICLE EIGHT OF THE LABOR LAW, TO INDIVIDUALS PERFORMING CONSTRUCTION LABOR UNDER A TRANSACTION SHALL BE REQUIRED TO PROVIDE ADDITIONAL ASSURANCES ACCEPTABLE TO THE DIRECTOR IN ORDER TO RECEIVE CREDIT TOWARDS THE ACHIEVEMENT OF EMPLOYMENT GOALS SET FORTH IN PARA- GRAPH SEVEN OF SUBDIVISION A OF THIS SECTION. § 3. Paragraph 1 of subdivision b of section 311 of the New York city charter, as amended by local law number 20 of the city of New York for the year 2004, is amended to read as follows: 1. the methods for soliciting bids or proposals and awarding contracts, consistent with the provisions of this chapter, PROVIDED THAT THE DIRECTOR OF THE OFFICE OF COMMUNITY HIRING AND WORKFORCE DEVELOPMENT MAY PROMULGATE RULES AUTHORIZING AGENCIES TO INCORPORATE INTO THE AWARD METHODOLOGY FOR ANY CONTRACT A QUANTITATIVE FACTOR BASED ON A BIDDER OR PROPOSER'S CAPACITY TO MEET OR EXCEED GOALS ESTABLISHED PURSUANT TO SUBDIVISION A OF SECTION THIRTY-FOUR HUNDRED TWO OF THE CHARTER, AND FURTHER PROVIDED THAT AGENCIES INCORPORATING SUCH A QUANTITATIVE FACTOR INTO THE AWARD METHODOLOGY FOR A CONTRACT PURSUANT TO SUCH A RULE SHALL CONSIDER THE POTENTIAL IMPACT OF SUCH A QUANTITATIVE FACTOR ON BUSI- NESSES CERTIFIED AS MINORITY OR WOMEN-OWNED BUSINESS ENTERPRISES PURSU- ANT TO ARTICLE FIFTEEN-A OF THE EXECUTIVE LAW OR SECTION THIRTEEN HUNDRED FOUR OF THE CHARTER, NOT-FOR-PROFIT CORPORATIONS, AND SMALL BUSINESSES, AS SUCH TERM IS DEFINED IN SECTION THIRTY-FOUR HUNDRED ONE OF THE CHARTER; § 4. Subparagraphs (x) and (xi) of paragraph a of subdivision 36 of section 2590-h of the education law, as amended by chapter 98 of the laws of 2019, are amended and two new subparagraphs (xii) and (xiii) are added to read as follows: (x) a process for emergency procurement in the case of an unforeseen danger to life, safety, property or a necessary service provided that such procurement shall be made with such competition as is practicable under the circumstances and that a written determination of the basis for the emergency procurement shall be required and filed with the comp- troller of the city of New York when such emergency contract is filed with such comptroller; [and] (xi) procedures for the fair and equitable resolution of contract disputes[.]; (XII) EMPLOYMENT GOALS ESTABLISHED IN ACCORDANCE WITH THE PROGRAM ESTABLISHED PURSUANT TO SECTION THIRTY-FOUR HUNDRED TWO OF THE NEW YORK CITY CHARTER, INCLUDING BUT NOT LIMITED TO EMPLOYMENT GOALS ESTABLISHED PURSUANT TO PARAGRAPH SEVEN OF SUBDIVISION A AND THE CORRESPONDING BEST EFFORTS PROVISIONS SET FORTH IN SUBDIVISION D OF SUCH SECTION; PROVIDED, HOWEVER, THAT WHERE A PROVISION OF SUCH SECTION REQUIRES ACTION BY THE S. 9298 9 DIRECTOR OF THE OFFICE OF COMMUNITY HIRING AND WORKFORCE DEVELOPMENT, SUCH ACTION SHALL NOT BE TAKEN BY THE DIRECTOR OF THE OFFICE OF COMMUNI- TY HIRING AND WORKFORCE DEVELOPMENT BUT SHALL BE TAKEN BY THE CHANCELLOR OR HIS OR HER DESIGNEE; AND (XIII) A QUANTITATIVE FACTOR TO BE USED IN THE EVALUATION OF BIDS, PROPOSALS OR OTHER OFFERS FOR THE PURPOSES OF AWARDING OF CONTRACTS BASED ON A BIDDER, PROPOSER OR OTHER OFFERER'S CAPACITY TO MEET OR EXCEED GOALS ESTABLISHED PURSUANT TO SUBPARAGRAPH (XII) OF THIS PARA- GRAPH, PROVIDED THAT, WHEN INCORPORATING SUCH A QUALITATIVE FACTOR INTO THE AWARD PROCESS FOR A CONTRACT, THE CHANCELLOR, SUPERINTENDENT, OR SCHOOL, AS APPLICABLE, SHALL CONSIDER THE POTENTIAL IMPACT OF SUCH A QUANTITATIVE FACTOR ON BUSINESSES CERTIFIED AS MINORITY OR WOMEN-OWNED BUSINESS ENTERPRISES PURSUANT TO ARTICLE FIFTEEN-A OF THE EXECUTIVE LAW OR SECTION THIRTEEN HUNDRED FOUR OF THE NEW YORK CITY CHARTER, NOT-FOR- PROFIT CORPORATIONS, AND SMALL BUSINESSES, AS SUCH TERM IS DEFINED IN SECTION THIRTY-FOUR HUNDRED ONE OF SUCH CHARTER. § 5. Subdivision (c) of section 917 of the general municipal law, as separately amended by chapter 1082 of the laws of 1974 and chapter 239 of the laws of 2001, is amended to read as follows: (c) For the benefit of the city and the inhabitants thereof an indus- trial development agency, to be known as the New York City Industrial Development Agency, is hereby established for the accomplishment of any or all of the purposes specified in title one of article eighteen-A of this chapter, except that it shall not have the power to construct or rehabilitate any residential facility or housing of any nature and kind whatsoever, nor shall it use any of its funds to further the construction or rehabilitation of any residential facility or housing of any nature and kind whatsoever. It shall constitute a body corporate and politic, and be perpetual in duration. It shall only have the powers and duties conferred by title one of article eighteen-A of this chapter upon industrial development agencies as of January 1, 1973 except that it shall have the power to finance a rail freight facility AND THE POWER TO ESTABLISH EMPLOYMENT GOALS IN ACCORDANCE WITH THE PROGRAM ESTABLISHED PURSUANT TO SECTION THIRTY-FOUR HUNDRED TWO OF THE NEW YORK CITY CHAR- TER, INCLUDING BUT NOT LIMITED TO EMPLOYMENT GOALS ESTABLISHED PURSUANT TO PARAGRAPH SEVEN OF SUBDIVISION A AND THE CORRESPONDING BEST EFFORTS PROVISIONS SET FORTH IN SUBDIVISION D OF SUCH SECTION; PROVIDED, HOWEV- ER, THAT WHERE A PROVISION OF SUCH SECTION REQUIRES ACTION BY THE DIREC- TOR OF THE OFFICE OF COMMUNITY HIRING AND WORKFORCE DEVELOPMENT, SUCH ACTION SHALL NOT BE TAKEN BY THE DIRECTOR OF THE OFFICE OF COMMUNITY HIRING AND WORKFORCE DEVELOPMENT BUT SHALL BE TAKEN BY THE CHIEF EXECU- TIVE OFFICER OF THE AGENCY OR HIS OR HER DESIGNEE, and it shall not have the power of condemnation. In the exercise of the powers conferred upon such agency with respect to the acquisition of real property by article eighteen-A of this chapter such agency shall be limited to the geograph- ical jurisdictional limits of the city. § 6. Section 816-b of the labor law, as added by of chapter 571 of the laws of 2001, is amended to read as follows: § 816-b. Apprenticeship participation on [construction] CERTAIN GOVERNMENTAL contracts. 1. For purposes of this section: (a) "governmental entity" shall mean the state, any state agency, as that term is defined in section two-a of the state finance law, munici- pal corporation, commission appointed pursuant to law, school district, district corporation, board of education, board of cooperative educa- tional services, soil conservation district, and public benefit corpo- ration; [and] S. 9298 10 (b) "construction contract" shall mean any contract to which a govern- mental entity may be a direct or indirect party which involves the design, construction, reconstruction, improvement, rehabilitation, main- tenance, repair, furnishing, equipping of or otherwise providing for any building, facility or physical structure of any kind; AND (C) "CITY GOVERNMENTAL ENTITY" MEANS A GOVERNMENTAL ENTITY THAT IS (I) A CITY WITH A POPULATION OF ONE MILLION OR MORE INHABITANTS; OR (II) A CITY SCHOOL DISTRICT OR PUBLIC BENEFIT CORPORATION OPERATING PRIMARILY WITHIN A CITY WITH A POPULATION OF ONE MILLION OR MORE INHABITANTS. 2. Notwithstanding any other provision of this article, of section one hundred three of the general municipal law, of section one hundred thir- ty-five of the state finance law, of section one hundred fifty-one of the public housing law, or of any other general, special or local law or administrative code, in entering into any construction contract, a governmental entity [which] THAT is to be a direct or indirect party to such contract may require that any contractors and subcontractors have, prior to entering into such contract, apprenticeship agreements appro- priate for the type and scope of work to be performed, that have been registered with, and approved by, the commissioner pursuant to the requirements found in this article. A CITY GOVERNMENTAL ENTITY THAT IS A DIRECT OR INDIRECT PARTY TO A CONTRACT, INCLUDING BUT NOT LIMITED TO A CONSTRUCTION CONTRACT, MAY ESTABLISH IN ITS SPECIFICATIONS A REQUIREMENT THAT, IN PERFORMING THE WORK, THE CONTRACTOR AND ITS SUBCONTRACTORS UTILIZE A MINIMUM RATIO OF APPRENTICES TO JOURNEY-LEVEL WORKERS, AS ESTABLISHED BY THE GOVERNMENT ENTITY BUT SUBJECT TO ANY MAXIMUM RATIO ESTABLISHED BY THE DEPARTMENT OF LABOR, FOR ANY CLASSIFICATION APPROPRI- ATE FOR THE TYPE AND SCOPE OF WORK TO BE PERFORMED, PROVIDED THAT NO SUCH MINIMUM RATIO SHALL BE ESTABLISHED FOR LABOR PERFORMED PURSUANT TO A CONSTRUCTION CONTRACT SUBJECT TO A GOAL FOR THE EMPLOYMENT OF APPREN- TICES WHO RESIDE IN ECONOMICALLY DISADVANTAGED REGIONS. Whenever utiliz- ing [this requirement] THESE REQUIREMENTS, the governmental entity may, in addition to whatever considerations are required by law, consider the degree to which career opportunities in apprenticeship training programs approved by the commissioner may be provided. § 7. Notwithstanding any law to the contrary, any city-affiliated not-for-profit corporation, as such term is defined in section 3401 of the New York city charter, is authorized to establish employment goals in accordance with the program established pursuant to section 3402 of such charter, including but not limited to employment goals established pursuant to paragraph 7 of subdivision a and the corresponding best efforts provisions set forth in subdivision d of such section; provided, however, that where a provision of such section requires action by the director of the office of community hiring and workforce development of the city of New York, such action shall not be taken by the director of the office of community hiring and workforce development but shall be taken by the chief executive officer of such corporation, or a duly appointed designee. § 8. Section 1728 of the public authorities law is amended by adding a new subdivision 15-a to read as follows: 15-A. TO ESTABLISH EMPLOYMENT GOALS IN ACCORDANCE WITH THE PROGRAM ESTABLISHED PURSUANT TO SECTION THIRTY-FOUR HUNDRED TWO OF THE NEW YORK CITY CHARTER, INCLUDING BUT NOT LIMITED TO EMPLOYMENT GOALS ESTABLISHED PURSUANT TO PARAGRAPH SEVEN OF SUBDIVISION A AND THE CORRESPONDING BEST EFFORTS PROVISIONS SET FORTH IN SUBDIVISION D OF SUCH SECTION; PROVIDED, HOWEVER, THAT WHERE A PROVISION OF SUCH SECTION REQUIRES ACTION BY THE DIRECTOR OF THE OFFICE OF COMMUNITY HIRING AND WORKFORCE DEVELOPMENT, S. 9298 11 SUCH ACTION SHALL NOT BE TAKEN BY THE DIRECTOR OF THE OFFICE OF COMMUNI- TY HIRING AND WORKFORCE DEVELOPMENT BUT SHALL BE TAKEN BY THE PRESIDENT OF THE AUTHORITY OR HIS OR HER DESIGNEE; § 9. The opening paragraph of paragraph d of subdivision 5 of section 1734 of the public authorities law, as added by chapter 738 of the laws of 1988, is amended to read as follows: the authority determines that it is in the public interest to award contracts pursuant to a process for competitive requests for proposals as hereinafter set forth. For purposes of this section, a process for competitive requests for proposals shall mean a method of soliciting proposals and awarding a contract on the basis of a formal evaluation of the characteristics, such as quality, cost, delivery schedule, THE CAPACITY TO MEET OR EXCEED THE GOALS SET FORTH IN SUBDIVISION FIFTEEN-A OF SECTION SEVENTEEN HUNDRED TWENTY-EIGHT OF THIS TITLE and financing of such proposals against stated selection criteria. Public notice of the requests for proposals shall be given in the same manner as provided in subdivision three of this section and shall include the selection crite- ria. In the event the authority makes a material change in the selection criteria from those previously stated in the notice, it will inform all proposers of such change and permit proposers to modify their proposals. WHEN THE AUTHORITY INCLUDES IN THE SELECTION CRITERIA FOR A REQUEST FOR PROPOSALS A QUANTITATIVE FACTOR BASED ON A PROPOSER'S CAPACITY TO MEET OR EXCEED THE GOALS SET FORTH IN SUBDIVISION FIFTEEN-A OF SECTION SEVEN- TEEN HUNDRED TWENTY-EIGHT OF THIS TITLE, THE AUTHORITY SHALL CONSIDER THE POTENTIAL IMPACT OF SUCH A QUANTITATIVE FACTOR ON BUSINESSES CERTI- FIED AS MINORITY OR WOMEN-OWNED BUSINESS ENTERPRISES PURSUANT TO ARTICLE FIFTEEN-A OF THE EXECUTIVE LAW, SECTION THIRTEEN HUNDRED FOUR OF THE NEW YORK CITY CHARTER, OR SECTION SEVENTEEN HUNDRED FORTY-THREE OF THIS TITLE, NOT-FOR-PROFIT CORPORATIONS, AND SMALL BUSINESSES, AS SUCH TERM IS DEFINED IN SECTION THIRTY-FOUR HUNDRED ONE OF THE NEW YORK CITY CHAR- TER. § 10. Section 5 of section 1 of chapter 1016 of the laws of 1969, constituting the New York city health and hospitals corporation act, is amended by adding a new subdivision 20-a to read as follows: 20-A. TO ESTABLISH EMPLOYMENT GOALS IN ACCORDANCE WITH THE PROGRAM ESTABLISHED PURSUANT TO SECTION THIRTY-FOUR HUNDRED TWO OF THE NEW YORK CITY CHARTER, INCLUDING BUT NOT LIMITED TO EMPLOYMENT GOALS ESTABLISHED PURSUANT TO PARAGRAPH SEVEN OF SUBDIVISION A AND THE CORRESPONDING BEST EFFORTS PROVISIONS SET FORTH IN SUBDIVISION D OF SUCH SECTION; PROVIDED, HOWEVER, THAT WHERE A PROVISION OF SUCH SECTION REQUIRES ACTION BY THE DIRECTOR OF THE OFFICE OF COMMUNITY HIRING AND WORKFORCE DEVELOPMENT, SUCH ACTION SHALL NOT BE TAKEN BY THE DIRECTOR OF THE OFFICE OF COMMUNI- TY HIRING AND WORKFORCE DEVELOPMENT BUT SHALL BE TAKEN BY A DULY APPOINTED DESIGNEE OF THE CORPORATION; AND § 11. Section 8 of section 1 of chapter 1016 of the laws of 1969, constituting the New York city health and hospitals corporation act, is amended by adding a new subdivision 1-a to read as follows: 1-A. NOTWITHSTANDING ANY OTHER PROVISION IN THIS ACT, THE CORPORATION MAY ESTABLISH A QUANTITATIVE FACTOR TO BE USED IN THE EVALUATION OF BIDS FOR THE PURPOSES OF AWARDING OF CONTRACTS BASED ON A BIDDER'S CAPACITY TO MEET OR EXCEED GOALS ESTABLISHED PURSUANT TO SUBDIVISION TWENTY-A OF SECTION FIVE OF THIS ACT, PROVIDED THAT WHEN ESTABLISHING SUCH A QUAL- ITATIVE FACTOR, THE CORPORATION SHALL CONSIDER THE POTENTIAL IMPACT OF SUCH A QUANTITATIVE FACTOR ON BUSINESSES CERTIFIED AS MINORITY OR WOMEN-OWNED BUSINESS ENTERPRISES PURSUANT TO ARTICLE FIFTEEN-A OF THE EXECUTIVE LAW OR SECTION THIRTEEN HUNDRED FOUR OF THE NEW YORK CITY S. 9298 12 CHARTER, NOT-FOR-PROFIT CORPORATIONS, AND SMALL BUSINESSES, AS SUCH TERM IS DEFINED IN SECTION THIRTY-FOUR HUNDRED ONE OF THE NEW YORK CITY CHAR- TER; § 12. Subdivision b of section 2 of chapter 749 of the laws of 2019, constituting the New York city public works investment act, is amended by adding a new paragraph 12-a to read as follows: (12-A) A QUANTITATIVE FACTOR TO BE USED IN THE EVALUATION OF BIDS OR OFFERS FOR AWARDING OF CONTRACTS BASED ON A BIDDER OR OFFERER'S CAPACITY TO MEET OR EXCEED GOALS ESTABLISHED PURSUANT TO SUBDIVISION A OF SECTION 3402 OF THE NEW YORK CITY CHARTER; § 13. No provision of this act shall be construed to invalidate any provision of a collective bargaining agreement or project labor agree- ment, as such term is defined in section 3401 of the New York city char- ter, or otherwise affect the contractual rights of any party to such an agreement. § 14. If any clause, sentence, paragraph, or section of this act is declared invalid or unconstitutional by any court of competent jurisdic- tion, after exhaustion of all further judicial review, such portion shall be deemed severable, and the court's judgment shall not affect, impair or invalidate the remainder of this act, but shall be confined in its operation to the clause, sentence, paragraph, or section of this act directly involved in the controversy in which the judgment was rendered. § 15. This act shall take effect on the one hundred eightieth day after it shall have become a law; provided that effective immediately, the addition, amendment and/or repeal of any rule or regulation neces- sary for the implementation of this act on its effective date are authorized to be made and completed on or before such effective date by the director of the office of community hiring and workforce development of the city of New York, the chancellor and the city board of the city school district of the city of New York, the president of the New York city school construction authority, the duly appointed designee of the New York city health and hospitals corporation, the chief executive officer of the New York city industrial development agency, and/or the chief executive officer of any city-affiliated not-for-profit corpo- ration as such term is defined by section 3401 of the New York city charter added by section two of this act; provided further that: (1) the amendments to paragraph a of subdivision 36 of section 2590-h of the education law made by section four of this act shall not affect the expiration of such subdivision and such section and shall expire therewith, provided that such expiration shall not affect any trans- action entered into or for which an application was submitted or solic- itation was released prior to such expiration, or to any renewals, extensions, modifications, or amendments to such transaction; (2) the amendments to section 917 of the general municipal law made by section five of this act shall not affect the expiration of such section and shall expire therewith; and (3) the amendments to the New York city public works investment act made by section twelve of this act shall not affect the repeal of such act and shall be deemed repealed therewith.
co-Sponsors
(D) 14th Senate District
(D, WF) 31st Senate District
(D) 32nd Senate District
2021-S9298A (ACTIVE) - Details
- See Assembly Version of this Bill:
- A10445
- Current Committee:
- Senate Cities 1
- Law Section:
- New York City Charter
- Laws Affected:
- Add Chap 78 §§3401 & 3402, amd §311, NYC Chart; amd §2590-h, Ed L; amd §917, Gen Muni L; amd §816-b, Lab L; amd §§1728 & 1734, Pub Auth L; amd §§5 & 8, NYC Health & Hosp Corp Act; amd §2, Chap 749 of 2019
- Versions Introduced in 2023-2024 Legislative Session:
-
A1385
2021-S9298A (ACTIVE) - Sponsor Memo
BILL NUMBER: S9298A SPONSOR: PARKER TITLE OF BILL: An act to amend the New York city charter, the education law, the gener- al municipal law, the labor law, the public authorities law, the New York city health and hospitals corporation act, and the New York city public works investment act, in relation to 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 the expiration thereof SUMMARY OF PROVISIONS: Section 1 contains legislative findings that income inequality has expanded over the last several decades, that poverty is frequently concentrated in economically disadvantaged regions, and that economic disparities have further expanded due to the economic and health effects of the COVID-19 virus. Section 2 would add a new chapter 78 to the New York City Charter (Char-
ter) establishing an Office of Community Hiring and Workforce Develop- ment (CHWD). CHWD would be authorized to implement a community hiring program by administrative rules that provide that entities entering into transactions with the City and entities performing services under such transactions make best efforts to meet goals for hiring economically disadvantaged candidates (defined as persons whose income is below a threshold determined by the CHWD Director) and economically disadvan- taged region candidates (defined as persons who live in ZIP code areas where at least 15% of residents have incomes below the federal poverty level, residents of New York City Housing Authority (NYCHA) facilities, and residents of NYCHA-converted facilities). Transactions subject to this law would include certain procurement contracts, subject to exceptions where it would be impractical to apply such goals. Building service and construction labor would be subject to economic disadvantaged region candidate goals; other forms of labor would be subject to economically disadvantaged candidate goals. With respect to construction work, such rules would provide for entities to make best efforts to employ qualified economically disadvantaged region candidates to perform no less than 30% of the cumulative hours of construction labor on a transaction, and qualified economically disadvantaged region candidates who are apprentices to perform 9% of the cumulative hours on such transaction. Non-construction employment goals would be set on a transactionby-transaction basis. Section 2 would also authorize the CHWD Director to establish by rule a paper or electronic format for the submission of documents by employment referral sources and contractors and subcontractors performing or seeking to perform transactions subject to hiring goals. Section 3 would amend Charter § 311 to authorize the CHWD Director to promulgate rules authorizing agencies to incorporate into the award methodology for procurement contracts a quantitative factor based on a bidder's or proposer's capacity to meet or exceed the applicable goals established pursuant to Charter § 3402(a)(added by section 2 of this act). Sections 2 and 3 would require the City to consider the potential impact on minority- or women-owned business enterprises, not-for-profit corpo- rations, and small businesses, when it establishes a schedule of civil penalties for non-compliance by rule and when the City sets a non-con- struction employment goal or incorporates a community hiring quantita- tive factor into the award methodology for a procurement contract. These provisions do not authorize differential treatment across classes of firms, but rather require City officials to remain mindful and deliber- ate in establishing such rules and taking such administrative actions, in order to create a level playing field in which many classes of firms can successfully participate in the community hiring program. Sections 4, 5, and 7 through 11 would create an unconsolidated section of law and amend Education Law § 2590-h, General Municipal Law § 917, Public Authorities Law §§ 1728 and 1734, and the New York City Health and Hospitals Corporation Act to authorize the City School District of the City of New York, the New York City School Construction Authority, the New York City Health and Hospitals Corporation, city affiliated not for profit corporations (e.g. the New York City Economic Development Corporation), and the New York City Industrial Development Agency to establish employment goals in accordance with the program established pursuant to section 2, including but not limited to the provisions applicable to construction employment goals set forth in proposed Char- ter § 3402(a)(7) and (d). With respect to some of these entities, the bill would authorize the establishment of quantitative factors to be used in awarding contracts based on a bidder's or proposer's capacity to meet or exceed such goals, similar to the provisions of section 3. Section 6 would amend Labor Law § 816-b to provide that a city with a population of one million or more inhabitants, or a school district or public benefit corporation operating primarily within such a city that is to be a direct or indirect party to a contract, may establish by specification a requirement that, in performing work, the contractor and its subcontractors utilize a minimum ratio of apprentices to journey- level workers. (This provision would not apply to contracts subject to employment goals for the utilization of apprentices who are economically disadvantaged region candidates, so as not to duplicate the function of the economically disadvantaged region candidate apprenticeship construction labor goals established by this act.) Section 12 would amend the New York City Public Works Investment Act by modifying the definition of "best value" to allow a quantitative factor to be used in the evaluation of bids or offers based on a bidder's or offerer's capacity to meet or exceed goals established pursuant to the Charter provisions enacted in section 2. Section 13 would clarify that this legislation would not invalidate any provision of a project labor agreement or otherwise affect the contrac- tual rights of any party to such an agreement. Section 14 contains a severability clause for this legislation. Section 15 would provide that the sections of this bill amending the Charter, the General Municipal Law, the Labor Law, the Public Authori- ties Law, and the New York City Health and Hospitals Corporation Act and the unconsolidated sections would take effect 180 days after this bill becomes law and expire and are deemed repealed 7 years thereafter. This section would also provide that the provisions of this bill amending the Education Law and the New York City Public Works Investment Act would take effect 180 days after this bill becomes law and expire and be deemed repealed along with the relevant portions of such laws or 7 years after this bill takes effect, whichever occurs earlier. The bill's provisions amending the New York City Public Works Investment Act would continue to apply after expiration pursuant to the terms of such act. All other provisions of this bill would continue to apply to any trans- action entered into or for which a solicitation was released prior to such expiration, and any renewals, extensions, modifications, or amend- ments to such transaction. REASONS FOR SUPPORT: After two years of struggle and loss, the City is prepared to emerge from the COVID-19 pandemic stronger than before with a recovery that is centered on equity and economic mobility. Through this program, the City will prove that its spending can not only get work done- it can lift people out of poverty and set them on a career path. By using City's purchasing power to connect New Yorkers to good jobs, this Community Hiring legislation will serve as a powerful vehicle to accelerate an equitable economic recovery for communities that are economically disadvantaged, which disproportionately include those that are historically marginalized and were impacted by the health and economic effects of the pandemic. This legislation would establish an exception to restrictive provisions of state law, particularly those in Article 5-A of the General Municipal Law, to authorize the City to establish a robust and ambitious employment goals program that, accord- ing to projections, would create 200,000 job opportunities in the first five years for low-income people, NYCHA and NYCHA-conversion residents, and residents of low-income communities. The community hire program would ensure that people from low-income communities, including residents of NYCHA properties, would be prior- itized for various construction and building service jobs and appren- ticeship opportunities, including those resulting from the City's substantial investments in capital projects. This legislation would also allow a city with a population of one million or more inhabitants or a school district or public benefit corporation operating primarily within such a city to require a minimum ratio of apprentices to journey-level workers in certain procurement contracts. The combination of these apprenticeship provisions and hiring goals would create a pipeline for low-income communities to access middle-class jobs. The integrated provisions of the statutory framework would strike a careful balance in its delegation of rulemaking authority to the City and its affiliated entities, both ensuring administrative flexibility within the parameters of this legislation and mandating public transpar- ency regarding the community hire program. Accordingly, the Mayor urges the earliest possible favorable consider- ation of this proposal by the Legislature.
2021-S9298A (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 9298--A I N S E N A T E May 13, 2022 ___________ Introduced by Sens. PARKER, COMRIE, JACKSON -- (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 committee AN ACT to amend the New York city charter, the education law, the gener- al municipal law, the labor law, the public authorities law, the New York city health and hospitals corporation act, and the New York city public works investment act, in relation to employment opportunities for economically disadvantaged candidates and economically disadvan- taged region candidates and apprenticeship utilization on public tran- sactions; and providing for the repeal of such provisions upon the expiration thereof THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Legislative findings. The legislature finds that both with- in the city of New York and across the United States, over the past several decades, income inequality has expanded and that poverty is frequently concentrated in economically disadvantaged regions. The legislature also finds that economic disparities across individuals and across communities have further expanded due to the economic and health effects of the virus known as COVID-19. The purpose of this legislation is to remediate these economic disparities by authorizing the city of New York, the city school district of the city of New York, the New York city school construction authority, the New York city health and hospi- tals corporation, the New York city industrial development agency, and other city-affiliated not-for-profit corporations to use the economic power of their transactions to implement programs by administrative rule requiring contractors and subcontractors benefitting from such trans- actions to make best efforts to employ qualified economically disadvan- taged candidates and qualified candidates in such economically disadvan- taged regions. § 2. The New York city charter is amended by adding a new chapter 78 to read as follows: EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
LBD11713-04-2 S. 9298--A 2 CHAPTER 78 COMMUNITY HIRING AND WORKFORCE DEVELOPMENT § 3401. DEFINITIONS. AS USED IN THIS CHAPTER, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS: ABSORPTION HIRE. THE TERM "ABSORPTION HIRE" MEANS AN INDIVIDUAL WHO FILLS A BUILDING SERVICE OPPORTUNITY AND WHO: (1) WAS EMPLOYED TO PERFORM BUILDING SERVICE WORK WITHIN THE PRECEDING SIX MONTHS AT THE SAME FACILITY TO WHICH SUCH INDIVIDUAL IS ASSIGNED; OR (2) FILLS SUCH BUILDING SERVICE OPPORTUNITY AS A RESULT OF A REASSIGN- MENT BY A CONTRACTOR OR SUBCONTRACTOR, AS APPLICABLE, DUE TO A DISPLACE- MENT CAUSED BY THE CLOSURE OF ANOTHER FACILITY, A STAFFING REDUCTION AT ANOTHER FACILITY, OR ANY OTHER SIMILAR EVENT. APPRENTICE. THE TERM "APPRENTICE" MEANS AN INDIVIDUAL WHO IS RECEIVING TRAINING AND PERFORMING LABOR PURSUANT TO AN APPRENTICESHIP AGREEMENT. APPRENTICESHIP AGREEMENT. THE TERM "APPRENTICESHIP AGREEMENT" MEANS AN AGREEMENT, AS SUCH TERM IS DEFINED BY SECTION EIGHT HUNDRED SIXTEEN OF THE LABOR LAW, THAT HAS BEEN REGISTERED WITH, AND APPROVED BY, THE COMMISSIONER OF LABOR OF THE STATE OF NEW YORK PURSUANT TO ARTICLE TWEN- TY-THREE OF THE LABOR LAW. BUILDING SERVICE OPPORTUNITY. THE TERM "BUILDING SERVICE OPPORTUNITY" MEANS AN EMPLOYMENT OPPORTUNITY TO PERFORM BUILDING SERVICE WORK. BUILDING SERVICE OPPORTUNITY LABOR HOUR. THE TERM "BUILDING SERVICE OPPORTUNITY LABOR HOUR" MEANS A LABOR HOUR PERFORMED BY AN INDIVIDUAL EMPLOYED TO FILL A BUILDING SERVICE OPPORTUNITY. BUILDING SERVICE WORK. THE TERM "BUILDING SERVICE WORK" MEANS THE CLASSIFICATIONS OF LABOR THAT THE APPLICABLE FISCAL OFFICER HAS IDENTI- FIED AS CONSISTENT WITH SECTION TWO HUNDRED THIRTY OF THE LABOR LAW, REGARDLESS OF WHETHER SUCH LABOR CONSTITUTES BUILDING SERVICE WORK FOR WHICH WORKERS ARE ENTITLED TO PREVAILING WAGE PURSUANT TO ARTICLE NINE OF THE LABOR LAW. CITY-AFFILIATED NOT-FOR-PROFIT CORPORATION. THE TERM "CITY-AFFILIATED NOT-FOR-PROFIT CORPORATION" MEANS A LOCAL DEVELOPMENT CORPORATION OR OTHER NOT-FOR-PROFIT CORPORATION, A MAJORITY OF WHOSE MEMBERS ARE APPOINTED BY THE MAYOR. CONSTRUCTION. THE TERM "CONSTRUCTION" MEANS: (1) ANY LABOR OF A TYPE THAT THE APPLICABLE FISCAL OFFICER, AS DEFINED IN PARAGRAPH E OF SUBDIVISION FIVE OF SECTION TWO HUNDRED TWENTY OF THE LABOR LAW, HAS IDENTIFIED IN A PUBLISHED SCHEDULE AS A CLASSIFICATION OF WORK PERFORMED BY LABORERS, WORKMEN OR MECHANICS, REGARDLESS OF WHETHER SUCH LABOR CONSTITUTES PUBLIC WORK PURSUANT TO SUCH SECTION; AND (2) ANY ADDITIONAL TYPES OF LABOR IDENTIFIED BY THE DIRECTOR BY RULE, PROVIDED THAT SUCH LABOR SHALL NOT INCLUDE BUILDING SERVICE WORK. CONTRACTOR. THE TERM "CONTRACTOR" MEANS AN INDIVIDUAL, COMPANY, CORPO- RATION, PARTNERSHIP, OR OTHER ENTITY THAT HAS ENTERED INTO A TRANSACTION WITH THE CITY, EXCEPT THAT THE TERM "CONTRACTOR" DOES NOT INCLUDE: (1) ANY GOVERNMENTAL ENTITY; (2) ANY MICROBUSINESS, OTHER THAN A MICROBUSINESS PERFORMING CONSTRUCTION WORK UNDER A TRANSACTION; OR (3) ANY LABOR ORGANIZATION. DIRECTOR. THE TERM "DIRECTOR" MEANS THE DIRECTOR OF THE OFFICE OF COMMUNITY HIRING AND WORKFORCE DEVELOPMENT OR HIS OR HER DESIGNEE. ECONOMICALLY DISADVANTAGED CANDIDATE. THE TERM "ECONOMICALLY DISADVAN- TAGED CANDIDATE" MEANS AN INDIVIDUAL: (1) WHOSE INCOME OR HOUSEHOLD INCOME FALLS BELOW AN APPLICABLE QUANTI- TATIVE THRESHOLD DETERMINED BY THE DIRECTOR, PROVIDED THAT SUCH INCOME SHALL NOT INCLUDE ANY TYPES OF PUBLIC BENEFITS PROVIDED BY THE FEDERAL S. 9298--A 3 GOVERNMENT OR A STATE OR LOCAL GOVERNMENT AND IDENTIFIED BY THE DIREC- TOR; AND (2) WHO IS CERTIFIED AS MEETING ALL APPLICABLE REQUIREMENTS. ECONOMICALLY DISADVANTAGED REGION. THE TERM "ECONOMICALLY DISADVAN- TAGED REGION" MEANS AN AREA, REPRESENTED BY ITS ZIP CODE, IN WHICH AT LEAST FIFTEEN PERCENT OF RESIDENTS HAVE HOUSEHOLD INCOMES BELOW THE FEDERAL POVERTY THRESHOLD. ECONOMICALLY DISADVANTAGED REGION CANDIDATE. THE TERM "ECONOMICALLY DISADVANTAGED REGION CANDIDATE" MEANS AN INDIVIDUAL WHO IS CERTIFIED AS MEETING ALL APPLICABLE REQUIREMENTS AND WHO IS A: (1) RESIDENT OF AN ADDRESS WITHIN AN ECONOMICALLY DISADVANTAGED REGION; (2) RESIDENT OF A BUILDING THAT IS: (I) OWNED OR OPERATED BY THE NEW YORK CITY HOUSING AUTHORITY; AND (II) SUBJECT TO SECTION NINE OF THE UNITED STATES HOUSING ACT OF NINE- TEEN HUNDRED THIRTY-SEVEN, AS AMENDED; OR (3) RESIDENT OF A DWELLING UNIT THAT IS: (I) SUBJECT TO A REGULATORY AGREEMENT WITH A FEDERAL, STATE OR LOCAL GOVERNMENT AGENCY REQUIRING THAT OCCUPANCY OF SUCH UNIT BE RESTRICTED BASED ON THE INCOME OF THE OCCUPANTS; AND (II) LOCATED IN A BUILDING THAT WAS PREVIOUSLY OPERATED BY THE NEW YORK CITY HOUSING AUTHORITY, WAS PREVIOUSLY SUBJECT TO SECTION NINE OF THE UNITED STATES HOUSING ACT OF NINETEEN THIRTY-SEVEN, AS AMENDED, AND IS SUBJECT TO SECTION EIGHT OF SUCH ACT. EMPLOYMENT OPPORTUNITY. THE TERM "EMPLOYMENT OPPORTUNITY" MEANS A VACANCY IN A POSITION TO PERFORM SERVICES UNDER A TRANSACTION. EXEMPT TRANSACTION. THE TERM "EXEMPT TRANSACTION" INCLUDES ANY: (1) CONTRACT PROCURED PURSUANT TO SECTION ONE HUNDRED SIXTY-TWO OF THE STATE FINANCE LAW; (2) CONTRACT FOR THE PERFORMANCE OF SERVICES BY A CITY-AFFILIATED NOT-FOR-PROFIT CORPORATION; (3) CONTRACT THE PRINCIPAL PURPOSE OF WHICH IS THE SUPPLY OF GOODS; (4) CONTRACT IN AN AMOUNT BELOW THE SMALL PURCHASE THRESHOLD SET PURSUANT TO THE AUTHORITY AND PROCEDURE SET FORTH IN SUBDIVISION A OF SECTION THREE HUNDRED FOURTEEN OF THE CHARTER; (5) CONTRACT FOR CONFIDENTIAL OR INVESTIGATIVE SERVICES OR ANY OTHER TYPE OF CONTRACT EXCLUDED BY A RULE ADOPTED BY THE DIRECTOR BASED ON A DETERMINATION THAT THE APPLICATION OF GOALS UNDER THIS PROGRAM WOULD SUBSTANTIALLY UNDERMINE THE PRIMARY OBJECTIVE OF THAT TYPE OF CONTRACT; (6) CONTRACT SUBJECT TO FEDERAL OR STATE FUNDING REQUIREMENTS THAT PRECLUDE OR SUBSTANTIALLY CONFLICT WITH THE APPLICATION OF GOALS UNDER THIS PROGRAM; (7) CONTRACT FOR EMERGENCY DEMOLITION SERVICES PROCURED BY THE DEPART- MENT OF HOUSING PRESERVATION AND DEVELOPMENT PURSUANT TO THE PROCEDURE SET FORTH IN SECTION THREE HUNDRED FIFTEEN OF THE CHARTER; OR (8) LINE ITEM APPROPRIATIONS OR DISCRETIONARY FUNDS ALLOCATED TO A COMMUNITY-BASED NOT-FOR-PROFIT ORGANIZATION OR OTHER PUBLIC SERVICE ORGANIZATION AND IDENTIFIED IN THE BUDGET ADOPTED PURSUANT TO SECTION TWO HUNDRED FIFTY-FOUR OF THE CHARTER OR ANY RELATED COUNCIL RESOL- UTIONS, EXCEPT AS OTHERWISE PROVIDED BY RULE BY THE DIRECTOR. LABOR ORGANIZATION. THE TERM "LABOR ORGANIZATION" HAS THE MEANING PROVIDED IN SECTION ONE HUNDRED FIFTY-TWO OF TITLE TWENTY-NINE OF THE UNITED STATES CODE, OR ANY SUCCESSOR PROVISION. MICROBUSINESS. THE TERM "MICROBUSINESS" MEANS AN INDIVIDUAL, COMPANY, CORPORATION, PARTNERSHIP OR OTHER ENTITY THAT EMPLOYS NO LESS THAN ONE EMPLOYEE AND NO MORE THAN NINE EMPLOYEES. S. 9298--A 4 MWBE. THE TERM "MWBE" MEANS A BUSINESS CERTIFIED AS A MINORITY OR WOMEN-OWNED BUSINESS ENTERPRISE PURSUANT TO ARTICLE FIFTEEN-A OF THE EXECUTIVE LAW OR SECTION THIRTEEN HUNDRED FOUR OF THE CHARTER. PROJECT LABOR AGREEMENT. THE TERM "PROJECT LABOR AGREEMENT" MEANS A PRE-HIRE COLLECTIVE BARGAINING AGREEMENT ENTERED INTO BETWEEN THE CITY AND A BONA FIDE BUILDING AND CONSTRUCTION TRADE LABOR ORGANIZATION ESTABLISHING THE LABOR ORGANIZATION OR ITS AFFILIATES AS THE COLLECTIVE BARGAINING REPRESENTATIVE FOR ALL PERSONS WHO WILL PERFORM CONSTRUCTION WORK ON A TRANSACTION, PROVIDED SUCH AGREEMENT: (1) PROVIDES THAT ONLY CONTRACTORS AND SUBCONTRACTORS WHO SIGN A PRE- NEGOTIATED AGREEMENT WITH THE LABOR ORGANIZATION CAN PERFORM SUCH WORK ON SUCH TRANSACTION; AND (2) INCLUDES GOALS FOR THE EMPLOYMENT OF QUALIFIED ECONOMICALLY DISAD- VANTAGED REGION CANDIDATES TO PERFORM SUCH WORK. REFERRAL SOURCE. THE TERM "REFERRAL SOURCE" MEANS AN INDIVIDUAL, COMPANY, CORPORATION, PARTNERSHIP, AGENCY, UNION REFERRAL SYSTEM, OR OTHER ENTITY SELECTED PURSUANT TO PARAGRAPH THREE OF SUBDIVISION A OF SECTION THIRTY-FOUR HUNDRED TWO OF THIS CHAPTER TO MAKE REFERRALS OF CANDIDATES TO CONTRACTORS, PROSPECTIVE CONTRACTORS, SUBCONTRACTORS, AND PROSPECTIVE SUBCONTRACTORS FOR THE PURPOSES OF MEETING THE APPLICABLE EMPLOYMENT GOALS SET FORTH IN SUCH SECTION; PROVIDED THAT UNION REFERRAL SYSTEMS THAT HAVE AFFILIATED REGISTERED APPRENTICE PROGRAMS WITH DIRECT ENTRY ACCESS FROM PRE-APPRENTICE PROGRAMS THAT ARE COMPLIANT WITH UNITED STATES DEPARTMENT OF LABOR OR NEW YORK STATE DEPARTMENT OF LABOR REGU- LATIONS, AS WELL AS UNION REFERRAL SYSTEMS WITH COMMUNITY RECRUITMENT PROGRAMS, SHALL BE DEEMED AN APPROVED REFERRAL SOURCE FOR THE PURPOSES OF PARAGRAPH THREE OF SUBDIVISION A OF SECTION THREE THOUSAND FOUR HUNDRED TWO OF THIS CHAPTER. SMALL BUSINESS. THE TERM "SMALL BUSINESS" MEANS AN ENTITY THAT: (1) IS INDEPENDENTLY OWNED AND OPERATED; AND (2) HAS ANNUAL GROSS REVENUES NOT EXCEEDING FIVE MILLION DOLLARS OR A LESSER AMOUNT ESTABLISHED BY THE DIRECTOR BY RULE. SUBCONTRACTOR. THE TERM "SUBCONTRACTOR" MEANS AN INDIVIDUAL, COMPANY, CORPORATION, PARTNERSHIP OR OTHER ENTITY THAT HAS ENTERED INTO AN AGREE- MENT WITH A CONTRACTOR OR ANOTHER SUBCONTRACTOR IN ORDER TO PERFORM SERVICES OR ANY OTHER OBLIGATION UNDER A TRANSACTION, PROVIDED THAT SUCH AGREEMENT INVOLVES THE PERFORMANCE OF CONSTRUCTION WORK OF ANY VALUE, OR THE TOTAL DOLLAR VALUE OF SUCH AGREEMENT EXCEEDS TWENTY THOUSAND DOLLARS, AND FURTHER PROVIDED THAT THE TERM "SUBCONTRACTOR" DOES NOT INCLUDE: (1) EMPLOYEES; (2) GOVERNMENTAL ENTITIES; (3) MICROBUSINESSES, OTHER THAN MICROBUSINESSES PERFORMING CONSTRUCTION WORK UNDER A TRANSACTION; OR (4) LABOR ORGANIZATIONS. TRANSACTION. THE TERM "TRANSACTION" MEANS, A PROCUREMENT CONTRACT EXCEPT THAT THE TERM "TRANSACTION" SHALL NOT INCLUDE ANY EXEMPT TRANS- ACTION. § 3402. OFFICE OF COMMUNITY HIRING AND WORKFORCE DEVELOPMENT. A. OFFICE ESTABLISHED. THE MAYOR SHALL ESTABLISH AN OFFICE OF COMMUNITY HIRING AND WORKFORCE DEVELOPMENT. SUCH OFFICE MAY BE ESTABLISHED AS A SEPARATE OFFICE OR WITHIN ANY DEPARTMENT THE HEAD OF WHICH IS APPOINTED BY THE MAYOR. THE OFFICE OF COMMUNITY HIRING AND WORKFORCE DEVELOPMENT SHALL BE HEADED BY A DIRECTOR WHO SHALL BE APPOINTED BY THE MAYOR OR HEAD OF SUCH DEPARTMENT. THE DIRECTOR SHALL, AS THE DIRECTOR DEEMS S. 9298--A 5 APPROPRIATE, ADOPT RULES CONSISTENT WITH THE PURPOSE OF THIS CHAPTER RELATING TO EMPLOYMENT GOALS ON TRANSACTIONS, INCLUDING RULES: (1) REQUIRING CONTRACTORS AND SUBCONTRACTORS TO AGREE TO PUBLICLY DISCLOSE EMPLOYMENT OPPORTUNITIES; (2) ESTABLISHING A PROCEDURE FOR THE CERTIFICATION OF INDIVIDUALS AS ECONOMICALLY DISADVANTAGED CANDIDATES, ECONOMICALLY DISADVANTAGED REGION CANDIDATES, OR BOTH, PROVIDED THAT SUCH CERTIFICATION PROCEDURE SHALL, TO THE EXTENT THE DIRECTOR DEEMS FEASIBLE, USE DATA SOURCES AND ADMINIS- TRATIVE PROCESSES ESTABLISHED OR MAINTAINED BY THE CITY FOR OTHER PROGRAMS OR OPERATIONS IN ORDER TO MINIMIZE ADMINISTRATIVE BURDENS ON CONTRACTORS, SUBCONTRACTORS, AND INDIVIDUALS; (3) ESTABLISHING A PROCEDURE BY WHICH THE DIRECTOR MAY APPROVE REFER- RAL SOURCES FOR THE PURPOSES OF THIS SECTION, WHEREBY THE DIRECTOR SHALL: (I) PUBLICLY RELEASE A REFERRAL SOURCE SOLICITATION THAT INCLUDES A DESCRIPTION OF FUNCTIONS OF A REFERRAL SOURCE, THE MANNER IN WHICH RESPONSES MUST BE SUBMITTED, AND THE CRITERIA BY WHICH RESPONDING ENTI- TIES WILL BE APPROVED, AND AUTHORIZE ONE OR MORE ENTITIES, AS APPROPRI- ATE, TO FUNCTION AS REFERRAL SOURCES, BASED ON THE CRITERIA INCLUDED IN THE SOLICITATION; (II) AUTHORIZE AN AGENCY IN WRITING TO FUNCTION AS A REFERRAL SOURCE; (III) AUTHORIZE, IN WRITING, AN ENTITY ENGAGED PURSUANT TO AN AGREE- MENT WITH AN AGENCY FOR EMPLOYMENT RECRUITMENT SERVICES OR OTHER WORK- FORCE DEVELOPMENT SERVICES TO FUNCTION AS A REFERRAL SOURCE; OR (IV) IDENTIFY AND DEEM UNION REFERRAL SYSTEMS THAT HAVE AFFILIATED REGISTERED APPRENTICE PROGRAMS WITH DIRECT ENTRY ACCESS FROM PRE-APPREN- TICE PROGRAMS AND THAT ARE COMPLIANT WITH UNITED STATES DEPARTMENT OF LABOR OR NEW YORK STATE DEPARTMENT OF LABOR REGULATIONS, AS WELL AS UNION REFERRAL SYSTEMS WITH COMMUNITY RECRUITMENT PROGRAMS, AS APPROVED REFERRAL SYSTEMS; (4) ESTABLISHING A PROCEDURE THROUGH WHICH THE DIRECTOR MAY PROVIDE INFORMATION REGARDING REFERRAL SOURCES TO CONTRACTORS, SUBCONTRACTORS, PROSPECTIVE CONTRACTORS, AND PROSPECTIVE SUBCONTRACTORS; (5) ESTABLISHING A PROCEDURE BY WHICH THE DIRECTOR SHALL MONITOR AND CRITERIA BY WHICH THE DIRECTOR SHALL EVALUATE THE PERFORMANCE OF EACH REFERRAL SOURCE ON AN ANNUAL BASIS, AND WHERE THE DIRECTOR DETERMINES THAT A REFERRAL SOURCE HAS PERFORMED INADEQUATELY, TERMINATE OR SUSPEND THE REFERRAL SOURCE; (6) REQUIRING CONTRACTORS TO AGREE TO MAKE BEST EFFORTS TO INTERVIEW, AS APPROPRIATE, AND TO EMPLOY QUALIFIED ECONOMICALLY DISADVANTAGED REGION CANDIDATES IN ORDER TO MEET EMPLOYMENT GOALS RELATING TO BUILDING SERVICE WORK BASED ON: (I) THE PERCENTAGE OF BUILDING SERVICE OPPORTUNITIES FILLED BY ECONOM- ICALLY DISADVANTAGED REGION CANDIDATES, PROVIDED THAT IN CALCULATING SUCH GOALS, ABSORPTION HIRES SHALL NOT BE CONSIDERED; OR (II) THE PERCENTAGE OF BUILDING SERVICE OPPORTUNITY LABOR HOURS PERFORMED BY ECONOMICALLY DISADVANTAGED REGION CANDIDATES, PROVIDED THAT IN CALCULATING SUCH GOALS, BUILDING SERVICE OPPORTUNITY LABOR HOURS PERFORMED BY ABSORPTION HIRES SHALL NOT BE CONSIDERED; (7) REQUIRING CONTRACTORS AND SUBCONTRACTORS TO AGREE TO MAKE BEST EFFORTS TO EMPLOY QUALIFIED ECONOMICALLY DISADVANTAGED REGION CANDIDATES TO PERFORM NO LESS THAN THIRTY PERCENT OF THE CUMULATIVE HOURS OF CONSTRUCTION LABOR ON TRANSACTIONS INVOLVING CONSTRUCTION WORK, AND ADDITIONALLY REQUIRING, TO THE EXTENT FEASIBLE CONSISTENT WITH THE MAXI- MUM RATIOS OF APPRENTICES TO JOURNEY-LEVEL WORKERS ESTABLISHED BY THE NEW YORK STATE DEPARTMENT OF LABOR, THAT SUCH CONTRACTORS AND SUBCON- S. 9298--A 6 TRACTORS AGREE TO MAKE BEST EFFORTS TO EMPLOY APPRENTICES WHO ARE QUALI- FIED ECONOMICALLY DISADVANTAGED REGION CANDIDATES TO PERFORM NO LESS THAN NINE PERCENT OF SUCH CUMULATIVE HOURS OF CONSTRUCTION LABOR, PROVIDED THAT LABOR PERFORMED BY APPRENTICES WHO ARE QUALIFIED ECONOM- ICALLY DISADVANTAGED REGION CANDIDATES SHALL BE CREDITED TOWARDS THE ACHIEVEMENT OF BOTH EMPLOYMENT GOALS SET FORTH IN THIS PARAGRAPH, AND FURTHER PROVIDED THAT PRIOR TO RELEASING A SOLICITATION FOR A TRANS- ACTION OR OTHERWISE INITIATING A PROCESS FOR ENTERING INTO A TRANS- ACTION, AS APPLICABLE, THE DIRECTOR MAY WAIVE SUCH REQUIREMENTS WHERE THE DIRECTOR DETERMINES IN WRITING THAT SUCH WAIVER IS IN THE BEST INTEREST OF THE CITY; (8) REQUIRING CONTRACTORS TO AGREE TO MAKE BEST EFFORTS TO INTERVIEW AND TO EMPLOY QUALIFIED ECONOMICALLY DISADVANTAGED CANDIDATES IN ORDER TO MEET EMPLOYMENT GOALS RELATING TO WORK THAT NEITHER INVOLVES CONSTRUCTION WORK NOR BUILDING SERVICE WORK, AND ESTABLISHING SUCH GOALS BASED ON: (I) THE PERCENTAGE OF THE CUMULATIVE HOURS OF LABOR PERFORMED BY SUCH CANDIDATES; (II) THE PERCENTAGE OF EMPLOYMENT OPPORTUNITIES FILLED BY SUCH CANDI- DATES; OR (III) THE TOTAL VALUE OF THE TRANSACTION; (9) REQUIRING SUBCONTRACTORS TO AGREE TO MAKE BEST EFFORTS TO INTER- VIEW, AS APPROPRIATE, AND TO EXTEND OFFERS OF EMPLOYMENT TO QUALIFIED CANDIDATES IN ORDER TO MEET ANY EMPLOYMENT GOALS DESCRIBED IN PARAGRAPH SIX OR EIGHT OF THIS SUBDIVISION AND ESTABLISHED PURSUANT TO RULES ADOPTED BY THE DIRECTOR; (10) ESTABLISHING A SCHEDULE OF CIVIL PENALTIES, BASED ON FACTORS INCLUDING BUT NOT LIMITED TO A CONTRACTOR'S INDUSTRY OR ANY RELEVANT OCCUPATIONS EMPLOYED BY A CONTRACTOR OR SUBCONTRACTOR, THAT THE DIRECTOR OR AN APPLICABLE AGENCY MAY IMPOSE ON A CONTRACTOR DUE TO THE CONTRAC- TOR'S OR SUBCONTRACTOR'S NON-COMPLIANCE WITH AN OBLIGATION CREATED PURSUANT TO THIS SECTION AND A PROCEDURE FOR THE IMPOSITION OF SUCH PENALTIES, WHICH WILL NOT EXCLUDE OTHER REMEDIES ESTABLISHED IN THIS CHARTER OR ANY OTHER LAW, PROVIDED THAT ANY CIVIL PENALTIES IMPOSED PURSUANT TO THIS PARAGRAPH SHALL NOT EXCEED TWO THOUSAND FIVE HUNDRED DOLLARS FOR EACH NON-COMPLIANCE WITH SUCH AN OBLIGATION OR EACH FAILURE TO CORRECT SUCH NON-COMPLIANCE, AND FURTHER PROVIDED THAT WHEN PROMUL- GATING RULES ESTABLISHING OR AMENDING SUCH A SCHEDULE OF CIVIL PENAL- TIES, THE DIRECTOR SHALL CONSIDER THE POTENTIAL IMPACT OF SUCH PENALTIES ON CONTRACTORS AND SUBCONTRACTORS THAT ARE MWBES, NOT-FOR-PROFIT CORPO- RATIONS, OR SMALL BUSINESSES; (11) DESIGNATE PAPER OR ELECTRONIC FORMATS FOR THE SUBMISSION OF DOCU- MENTS RELATED TO THE SELECTION AND OPERATION OF REFERRAL SOURCES AND CONTRACTORS AND SUBCONTRACTORS SUBJECT TO GOALS PURSUANT TO PARAGRAPHS SIX THROUGH NINE OF THIS SUBDIVISION, AS APPLICABLE, INCLUDING BUT NOT LIMITED TO, DOCUMENTS CONTAINING INFORMATION REQUIRED PURSUANT TO PARA- GRAPHS ONE AND THREE OF THIS SUBDIVISION AND SUBDIVISION C AND SUBPARA- GRAPHS (E) AND (F) OF PARAGRAPH ONE OF SUBDIVISION D OF THIS SECTION; SOLICITATION DOCUMENTS AND RESPONSES, INCLUDING BIDS AND PROPOSALS; AND DATA RELATED TO LABOR PERFORMED PURSUANT TO TRANSACTIONS, INCLUDING PAYROLL REPORTS, AS APPLICABLE; AND (12) (A) AUTHORIZING THE DIRECTOR TO ESTABLISH FACTORS BY WHICH GOALS DESCRIBED IN PARAGRAPHS SIX, EIGHT, AND NINE OF THIS SUBDIVISION WILL BE ESTABLISHED FOR INDIVIDUAL TRANSACTION, INCLUDING: (I) THE SCOPE OF THE TRANSACTION; S. 9298--A 7 (II) THE AVAILABILITY OF QUALIFIED ECONOMICALLY DISADVANTAGED CANDI- DATES AND ECONOMICALLY DISADVANTAGED REGION CANDIDATES; (III) THE NATURE OF ANY EMPLOYMENT OPPORTUNITIES THAT THE DIRECTOR EXPECTS WILL RESULT FROM THE TRANSACTION; (IV) THE POTENTIAL IMPACT OF SUCH GOAL ON CONTRACTORS AND SUBCONTRAC- TORS, AS APPLICABLE, THAT ARE MWBES, NOT-FOR-PROFIT CORPORATIONS, OR SMALL BUSINESSES; AND (V) ANY OTHER SIMILAR FACTORS. (B) PRIOR TO SETTING A GOAL PURSUANT TO THIS SUBDIVISION FOR AN INDI- VIDUAL TRANSACTION, THE AGENCY ENTERING INTO THE TRANSACTION SHALL CONSIDER THE GOALS SET FOR PREVIOUS, SIMILAR TRANSACTIONS AND WHETHER SUCH GOALS WERE APPROPRIATE FOR SUCH TRANSACTIONS. B. LISTS OF ECONOMICALLY DISADVANTAGED REGIONS. NO LATER THAN NINETY DAYS AFTER THE EFFECTIVE DATE OF THIS SECTION, AND AT LEAST ONCE DURING EACH TWELVE-MONTH PERIOD THEREAFTER, THE DIRECTOR SHALL PUBLISH A REPORT INCLUDING AN UPDATED LIST OF ALL ECONOMICALLY DISADVANTAGED REGIONS WITHIN A RADIUS OF ONE HUNDRED MILES OF THE CITY OR ALL SUCH ECONOM- ICALLY DISADVANTAGED REGIONS WITHIN THE METROPOLITAN AREA. NOTHING SHALL PRECLUDE AN INDIVIDUAL WHOSE RESIDENCE IS WITHIN AN ECONOMICALLY DISAD- VANTAGED REGION THAT IS NOT INCLUDED IN SUCH LIST FROM QUALIFYING AS AN ECONOMICALLY DISADVANTAGED REGION CANDIDATE FOR THE PURPOSES OF GOALS SET UNDER THIS SECTION. C. REPORTING. NO LATER THAN ONE HUNDRED EIGHTY DAYS AFTER THE EFFEC- TIVE DATE OF THIS SECTION AND EACH QUARTER THEREAFTER, THE OFFICE OF COMMUNITY HIRING AND WORKFORCE DEVELOPMENT SHALL PUBLISH A REPORT ON A WEBSITE MAINTAINED OR CONTROLLED BY THE CITY, PURSUANT TO RULES ADOPTED BY THE DIRECTOR, THAT SHALL INCLUDE, FOR EACH TRANSACTION SUBJECT TO A GOAL ESTABLISHED PURSUANT TO PARAGRAPHS SIX, SEVEN, OR EIGHT OF SUBDIVI- SION A OF THIS SECTION, INFORMATION DEMONSTRATING THE CORRESPONDING CONTRACTOR'S PROGRESS TOWARDS MEETING SUCH GOAL AND, IF APPLICABLE, ANY SUBCONTRACTORS' PROGRESS TOWARDS MEETING ANY GOAL ESTABLISHED PURSUANT TO PARAGRAPHS SEVEN OR NINE OF SUBDIVISION A OF THIS SECTION, AND AGGRE- GATE INFORMATION REGARDING THE DEMOGRAPHICS AND COMPENSATION OF ECONOM- ICALLY DISADVANTAGED REGION CANDIDATES, ECONOMICALLY DISADVANTAGED CANDIDATES, AND APPRENTICES WHO ARE ECONOMICALLY DISADVANTAGED REGION CANDIDATES, AS APPLICABLE, RELATIVE TO ALL INDIVIDUALS EMPLOYED BY SUCH CONTRACTOR AND, IF APPLICABLE, SUBCONTRACTORS ON SUCH TRANSACTION. IN COMPILING THIS REPORT, THE DIRECTOR SHALL, TO THE EXTENT HE OR SHE DEEMS FEASIBLE, USE DATA SOURCES ESTABLISHED OR MAINTAINED BY THE CITY FOR OTHER PROGRAMS OR OPERATIONS IN ORDER TO MINIMIZE ADMINISTRATIVE BURDENS ON CONTRACTORS AND SUBCONTRACTORS, PROVIDED THAT WHERE THE DIRECTOR DETERMINES THAT SUCH DATA SOURCES CANNOT BE USED TO COMPLETE SUCH REPORT, THE DIRECTOR MAY ADOPT RULES REQUIRING CONTRACTORS AND SUBCON- TRACTORS TO PROVIDE SUCH ADDITIONAL DATA NECESSARY TO COMPLETE THIS REPORT, AND TO CERTIFY THE ACCURACY OF SUCH ADDITIONAL INFORMATION. NOTHING IN THIS SUBDIVISION SHALL BE INTERPRETED TO AUTHORIZE THE DIREC- TOR TO PROMULGATE RULES REQUIRING LABOR ORGANIZATIONS TO PROVIDE INFOR- MATION ON A REGULAR BASIS TO COMPLETE SUCH REPORTS. D. BEST EFFORTS. (1) IN DETERMINING WHETHER A CONTRACTOR OR SUBCON- TRACTOR HAS EXERCISED BEST EFFORTS TO MEET THE EMPLOYMENT GOALS ESTAB- LISHED PURSUANT TO SUBDIVISION A OF THIS SECTION, THE DIRECTOR SHALL CONSIDER THE DEGREE TO WHICH THE CONTRACTOR OR SUBCONTRACTOR HAS ENDEAV- ORED: (A) TO REVIEW ECONOMICALLY DISADVANTAGED REGION CANDIDATES' AND ECONOMICALLY DISADVANTAGED CANDIDATES' QUALIFICATIONS, AS APPLICABLE, IN GOOD FAITH; S. 9298--A 8 (B) TO ADVERTISE EMPLOYMENT OPPORTUNITIES, AS APPLICABLE, IN A MANNER REASONABLY INTENDED TO ATTRACT QUALIFIED ECONOMICALLY DISADVANTAGED CANDIDATES OR ECONOMICALLY DISADVANTAGED REGION CANDIDATES, EXCEPT THAT CONTRACTORS AND SUBCONTRACTORS PERFORMING CONSTRUCTION WORK PURSUANT TO A PROJECT LABOR AGREEMENT SHALL NOT BE REQUIRED TO ADVERTISE EMPLOYMENT OPPORTUNITIES FOR CONSTRUCTION WORK; (C) TO COORDINATE WITH REFERRAL SOURCES OR APPRENTICESHIP PROGRAMS, AS APPLICABLE, IN ORDER TO INTERVIEW, IF APPLICABLE, AND EMPLOY SUCH CANDI- DATES IDENTIFIED BY SUCH REFERRAL SOURCES OR APPRENTICESHIP PROGRAMS, PROVIDED THAT FOR CONTRACTORS AND SUBCONTRACTORS PERFORMING CONSTRUCTION WORK PURSUANT TO A PROJECT LABOR AGREEMENT, THE DIRECTOR SHALL ONLY CONSIDER THE DEGREE TO WHICH THE CONTRACTOR OR SUBCONTRACTOR HAS ENDEAV- ORED TO MEET SUCH GOALS BY COMPLYING WITH THE REFERRAL PROVISIONS OF SUCH PROJECT LABOR AGREEMENT; (D) TO REVIEW AND ORGANIZE THE WORK UNDER THE TRANSACTION IN ORDER TO ELIMINATE OBSTACLES TO MEETING SUCH EMPLOYMENT GOALS; (E) TO MONITOR AND TO DOCUMENT THE CONTRACTOR'S OR SUBCONTRACTOR'S EFFORTS TO MEET THE EMPLOYMENT GOALS; (F) TO CONTACT THE OFFICE OF COMMUNITY HIRING AND WORKFORCE DEVELOP- MENT AT ROUTINE INTERVALS, OR AS OTHERWISE REQUIRED BY RULE, TO INFORM THE DIRECTOR OF THE CONTRACTOR'S OR SUBCONTRACTOR'S EFFORTS TO MEET THE EMPLOYMENT GOALS; AND (G) TO TAKE ALL OTHER COMMERCIALLY REASONABLE ACTIONS TO MEET THE EMPLOYMENT GOALS. (2) IN ORDER TO EXERCISE BEST EFFORTS, NEITHER CONTRACTORS NOR SUBCON- TRACTORS ARE REQUIRED: (A) TO UNDERTAKE AN UNDUE FINANCIAL BURDEN; (B) TO TERMINATE OR SUBSTANTIALLY REDUCE THE WORK LEVELS OF ANY OF A CONTRACTOR'S OR SUBCONTRACTOR'S EXISTING EMPLOYEES; (C) TO EXTEND AN OFFER OF EMPLOYMENT TO AN INDIVIDUAL WHOSE LABOR WOULD NOT BE COMMERCIALLY USEFUL; OR (D) TO FORGO FILLING BUILDING SERVICE OPPORTUNITIES WITH ABSORPTION HIRES. E. DISCRETIONARY APPLICATION OF GOALS. NOTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION, EMPLOYMENT GOALS AUTHORIZED UNDER PARAGRAPHS SIX THROUGH NINE OF SUBDIVISION A OF THIS SECTION MAY, BUT ARE NOT REQUIRED TO BE, ESTABLISHED FOR TRANSACTIONS THAT ARE EMERGENCY PROCURE- MENT CONTRACTS PROCURED PURSUANT TO THE PROCEDURE SET FORTH IN SECTION THREE HUNDRED FIFTEEN OF THE CHARTER. F. ADJUSTMENT OF CONSTRUCTION GOALS. ON A BIANNUAL BASIS, THE DIRECTOR SHALL REVIEW AND THEREAFTER MAY PROMULGATE RULES INCREASING OR DECREAS- ING THE VALUE OF THE EMPLOYMENT GOALS ESTABLISHED UNDER PARAGRAPH SEVEN OF SUBDIVISION A OF THIS SECTION. G. WAGE PAYMENT ASSURANCES. THE DIRECTOR MAY PROMULGATE RULES SETTING FORTH STANDARDS AND A PROCEDURE BY WHICH CONTRACTORS AND SUBCONTRACTORS THAT THE DIRECTOR HAS DETERMINED HAVE A RECORD OF FAILING TO PAY WAGES, INCLUDING BUT NOT LIMITED TO PREVAILING WAGES AND BENEFITS REQUIRED PURSUANT TO ARTICLE EIGHT OF THE LABOR LAW, TO INDIVIDUALS PERFORMING CONSTRUCTION LABOR UNDER A TRANSACTION SHALL BE REQUIRED TO PROVIDE ADDITIONAL ASSURANCES ACCEPTABLE TO THE DIRECTOR IN ORDER TO RECEIVE CREDIT TOWARDS THE ACHIEVEMENT OF EMPLOYMENT GOALS SET FORTH IN PARA- GRAPH SEVEN OF SUBDIVISION A OF THIS SECTION. § 3. Paragraph 1 of subdivision b of section 311 of the New York city charter, as amended by local law number 20 of the city of New York for the year 2004, is amended to read as follows: S. 9298--A 9 1. the methods for soliciting bids or proposals and awarding contracts, consistent with the provisions of this chapter, PROVIDED THAT THE DIRECTOR OF THE OFFICE OF COMMUNITY HIRING AND WORKFORCE DEVELOPMENT MAY PROMULGATE RULES AUTHORIZING AGENCIES TO INCORPORATE INTO THE AWARD METHODOLOGY FOR ANY CONTRACT A QUANTITATIVE FACTOR BASED ON A BIDDER OR PROPOSER'S CAPACITY TO MEET OR EXCEED GOALS ESTABLISHED PURSUANT TO SUBDIVISION A OF SECTION THIRTY-FOUR HUNDRED TWO OF THE CHARTER, AND FURTHER PROVIDED THAT AGENCIES INCORPORATING SUCH A QUANTITATIVE FACTOR INTO THE AWARD METHODOLOGY FOR A CONTRACT PURSUANT TO SUCH A RULE SHALL CONSIDER THE POTENTIAL IMPACT OF SUCH A QUANTITATIVE FACTOR ON BUSI- NESSES CERTIFIED AS MINORITY OR WOMEN-OWNED BUSINESS ENTERPRISES PURSU- ANT TO ARTICLE FIFTEEN-A OF THE EXECUTIVE LAW OR SECTION THIRTEEN HUNDRED FOUR OF THE CHARTER, NOT-FOR-PROFIT CORPORATIONS, AND SMALL BUSINESSES, AS SUCH TERM IS DEFINED IN SECTION THIRTY-FOUR HUNDRED ONE OF THE CHARTER; § 4. Subparagraphs (x) and (xi) of paragraph a of subdivision 36 of section 2590-h of the education law, as amended by chapter 98 of the laws of 2019, are amended and two new subparagraphs (xii) and (xiii) are added to read as follows: (x) a process for emergency procurement in the case of an unforeseen danger to life, safety, property or a necessary service provided that such procurement shall be made with such competition as is practicable under the circumstances and that a written determination of the basis for the emergency procurement shall be required and filed with the comp- troller of the city of New York when such emergency contract is filed with such comptroller; [and] (xi) procedures for the fair and equitable resolution of contract disputes[.]; (XII) EMPLOYMENT GOALS ESTABLISHED IN ACCORDANCE WITH THE PROGRAM ESTABLISHED PURSUANT TO SECTION THIRTY-FOUR HUNDRED TWO OF THE NEW YORK CITY CHARTER, INCLUDING BUT NOT LIMITED TO EMPLOYMENT GOALS ESTABLISHED PURSUANT TO PARAGRAPH SEVEN OF SUBDIVISION A AND THE CORRESPONDING BEST EFFORTS PROVISIONS SET FORTH IN SUBDIVISION D OF SUCH SECTION; PROVIDED, HOWEVER, THAT WHERE A PROVISION OF SUCH SECTION REQUIRES ACTION BY THE DIRECTOR OF THE OFFICE OF COMMUNITY HIRING AND WORKFORCE DEVELOPMENT, SUCH ACTION SHALL NOT BE TAKEN BY THE DIRECTOR OF THE OFFICE OF COMMUNI- TY HIRING AND WORKFORCE DEVELOPMENT BUT SHALL BE TAKEN BY THE CHANCELLOR OR HIS OR HER DESIGNEE; AND (XIII) A QUANTITATIVE FACTOR TO BE USED IN THE EVALUATION OF BIDS, PROPOSALS OR OTHER OFFERS FOR THE PURPOSES OF AWARDING OF CONTRACTS BASED ON A BIDDER, PROPOSER OR OTHER OFFERER'S CAPACITY TO MEET OR EXCEED GOALS ESTABLISHED PURSUANT TO SUBPARAGRAPH (XII) OF THIS PARA- GRAPH, PROVIDED THAT, WHEN INCORPORATING SUCH A QUANTITATIVE FACTOR INTO THE AWARD PROCESS FOR A CONTRACT, THE CHANCELLOR, SUPERINTENDENT, OR SCHOOL, AS APPLICABLE, SHALL CONSIDER THE POTENTIAL IMPACT OF SUCH A QUANTITATIVE FACTOR ON BUSINESSES CERTIFIED AS MINORITY OR WOMEN-OWNED BUSINESS ENTERPRISES PURSUANT TO ARTICLE FIFTEEN-A OF THE EXECUTIVE LAW OR SECTION THIRTEEN HUNDRED FOUR OF THE NEW YORK CITY CHARTER, NOT-FOR- PROFIT CORPORATIONS, AND SMALL BUSINESSES, AS SUCH TERM IS DEFINED IN SECTION THIRTY-FOUR HUNDRED ONE OF SUCH CHARTER. § 5. Subdivision (c) of section 917 of the general municipal law, as separately amended by chapter 1082 of the laws of 1974 and chapter 239 of the laws of 2001, is amended to read as follows: (c) For the benefit of the city and the inhabitants thereof an indus- trial development agency, to be known as the New York City Industrial Development Agency, is hereby established for the accomplishment of any S. 9298--A 10 or all of the purposes specified in title one of article eighteen-A of this chapter, except that it shall not have the power to construct or rehabilitate any residential facility or housing of any nature and kind whatsoever, nor shall it use any of its funds to further the construction or rehabilitation of any residential facility or housing of any nature and kind whatsoever. It shall constitute a body corporate and politic, and be perpetual in duration. It shall only have the powers and duties conferred by title one of article eighteen-A of this chapter upon industrial development agencies as of January 1, 1973 except that it shall have the power to finance a rail freight facility AND THE POWER TO ESTABLISH EMPLOYMENT GOALS IN ACCORDANCE WITH THE PROGRAM ESTABLISHED PURSUANT TO SECTION THIRTY-FOUR HUNDRED TWO OF THE NEW YORK CITY CHAR- TER, INCLUDING BUT NOT LIMITED TO EMPLOYMENT GOALS ESTABLISHED PURSUANT TO PARAGRAPH SEVEN OF SUBDIVISION A AND THE CORRESPONDING BEST EFFORTS PROVISIONS SET FORTH IN SUBDIVISION D OF SUCH SECTION; PROVIDED, HOWEV- ER, THAT WHERE A PROVISION OF SUCH SECTION REQUIRES ACTION BY THE DIREC- TOR OF THE OFFICE OF COMMUNITY HIRING AND WORKFORCE DEVELOPMENT, SUCH ACTION SHALL NOT BE TAKEN BY THE DIRECTOR OF THE OFFICE OF COMMUNITY HIRING AND WORKFORCE DEVELOPMENT BUT SHALL BE TAKEN BY THE CHIEF EXECU- TIVE OFFICER OF THE AGENCY OR HIS OR HER DESIGNEE, and it shall not have the power of condemnation. In the exercise of the powers conferred upon such agency with respect to the acquisition of real property by article eighteen-A of this chapter such agency shall be limited to the geograph- ical jurisdictional limits of the city. § 6. Section 816-b of the labor law, as added by chapter 571 of the laws of 2001, is amended to read as follows: § 816-b. Apprenticeship participation on [construction] CERTAIN GOVERNMENTAL contracts. 1. For purposes of this section: (a) "governmental entity" shall mean the state, any state agency, as that term is defined in section two-a of the state finance law, munici- pal corporation, commission appointed pursuant to law, school district, district corporation, board of education, board of cooperative educa- tional services, soil conservation district, and public benefit corpo- ration; [and] (b) "construction contract" shall mean any contract to which a govern- mental entity may be a direct or indirect party which involves the design, construction, reconstruction, improvement, rehabilitation, main- tenance, repair, furnishing, equipping of or otherwise providing for any building, facility or physical structure of any kind; AND (C) "CITY GOVERNMENTAL ENTITY" MEANS A GOVERNMENTAL ENTITY THAT IS (I) A CITY WITH A POPULATION OF ONE MILLION OR MORE INHABITANTS; OR (II) A CITY SCHOOL DISTRICT OR PUBLIC BENEFIT CORPORATION OPERATING PRIMARILY WITHIN A CITY WITH A POPULATION OF ONE MILLION OR MORE INHABITANTS. 2. Notwithstanding any other provision of this article, of section one hundred three of the general municipal law, of section one hundred thir- ty-five of the state finance law, of section one hundred fifty-one of the public housing law, or of any other general, special or local law or administrative code, in entering into any construction contract, a governmental entity [which] THAT is to be a direct or indirect party to such contract may require that any contractors and subcontractors have, prior to entering into such contract, apprenticeship agreements appro- priate for the type and scope of work to be performed, that have been registered with, and approved by, the commissioner pursuant to the requirements found in this article. A CITY GOVERNMENTAL ENTITY THAT IS A DIRECT OR INDIRECT PARTY TO A CONTRACT, INCLUDING BUT NOT LIMITED TO A CONSTRUCTION CONTRACT, MAY ESTABLISH IN ITS SPECIFICATIONS A REQUIREMENT S. 9298--A 11 THAT, IN PERFORMING THE WORK, THE CONTRACTOR AND ITS SUBCONTRACTORS UTILIZE A MINIMUM RATIO OF APPRENTICES TO JOURNEY-LEVEL WORKERS, AS ESTABLISHED BY THE GOVERNMENT ENTITY BUT SUBJECT TO ANY MAXIMUM RATIO ESTABLISHED BY THE DEPARTMENT OF LABOR, FOR ANY CLASSIFICATION APPROPRI- ATE FOR THE TYPE AND SCOPE OF WORK TO BE PERFORMED, PROVIDED THAT NO SUCH MINIMUM RATIO SHALL BE ESTABLISHED FOR LABOR PERFORMED PURSUANT TO A CONSTRUCTION CONTRACT SUBJECT TO A GOAL FOR THE EMPLOYMENT OF APPREN- TICES WHO RESIDE IN ECONOMICALLY DISADVANTAGED REGIONS. Whenever utiliz- ing [this requirement] THESE REQUIREMENTS, the governmental entity may, in addition to whatever considerations are required by law, consider the degree to which career opportunities in apprenticeship training programs approved by the commissioner may be provided. § 7. Notwithstanding any law to the contrary, any city-affiliated not-for-profit corporation, as such term is defined in section 3401 of the New York city charter, is authorized to establish employment goals in accordance with the program established pursuant to section 3402 of such charter, including but not limited to employment goals established pursuant to paragraph 7 of subdivision a and the corresponding best efforts provisions set forth in subdivision d of such section; provided, however, that where a provision of such section requires action by the director of the office of community hiring and workforce development of the city of New York, such action shall not be taken by the director of the office of community hiring and workforce development but shall be taken by the chief executive officer of such corporation, or a duly appointed designee. § 8. Section 1728 of the public authorities law is amended by adding a new subdivision 15-a to read as follows: 15-A. TO ESTABLISH EMPLOYMENT GOALS IN ACCORDANCE WITH THE PROGRAM ESTABLISHED PURSUANT TO SECTION THIRTY-FOUR HUNDRED TWO OF THE NEW YORK CITY CHARTER, INCLUDING BUT NOT LIMITED TO EMPLOYMENT GOALS ESTABLISHED PURSUANT TO PARAGRAPH SEVEN OF SUBDIVISION A AND THE CORRESPONDING BEST EFFORTS PROVISIONS SET FORTH IN SUBDIVISION D OF SUCH SECTION; PROVIDED, HOWEVER, THAT WHERE A PROVISION OF SUCH SECTION REQUIRES ACTION BY THE DIRECTOR OF THE OFFICE OF COMMUNITY HIRING AND WORKFORCE DEVELOPMENT, SUCH ACTION SHALL NOT BE TAKEN BY THE DIRECTOR OF THE OFFICE OF COMMUNI- TY HIRING AND WORKFORCE DEVELOPMENT BUT SHALL BE TAKEN BY THE PRESIDENT OF THE AUTHORITY OR HIS OR HER DESIGNEE; § 9. The opening paragraph of paragraph d of subdivision 5 of section 1734 of the public authorities law, as added by chapter 738 of the laws of 1988, is amended to read as follows: the authority determines that it is in the public interest to award contracts pursuant to a process for competitive requests for proposals as hereinafter set forth. For purposes of this section, a process for competitive requests for proposals shall mean a method of soliciting proposals and awarding a contract on the basis of a formal evaluation of the characteristics, such as quality, cost, delivery schedule, THE CAPACITY TO MEET OR EXCEED THE GOALS SET FORTH IN SUBDIVISION FIFTEEN-A OF SECTION SEVENTEEN HUNDRED TWENTY-EIGHT OF THIS TITLE and financing of such proposals against stated selection criteria. Public notice of the requests for proposals shall be given in the same manner as provided in subdivision three of this section and shall include the selection crite- ria. In the event the authority makes a material change in the selection criteria from those previously stated in the notice, it will inform all proposers of such change and permit proposers to modify their proposals. WHEN THE AUTHORITY INCLUDES IN THE SELECTION CRITERIA FOR A REQUEST FOR PROPOSALS A QUANTITATIVE FACTOR BASED ON A PROPOSER'S CAPACITY TO MEET S. 9298--A 12 OR EXCEED THE GOALS SET FORTH IN SUBDIVISION FIFTEEN-A OF SECTION SEVEN- TEEN HUNDRED TWENTY-EIGHT OF THIS TITLE, THE AUTHORITY SHALL CONSIDER THE POTENTIAL IMPACT OF SUCH A QUANTITATIVE FACTOR ON BUSINESSES CERTI- FIED AS MINORITY OR WOMEN-OWNED BUSINESS ENTERPRISES PURSUANT TO ARTICLE FIFTEEN-A OF THE EXECUTIVE LAW, SECTION THIRTEEN HUNDRED FOUR OF THE NEW YORK CITY CHARTER, OR SECTION SEVENTEEN HUNDRED FORTY-THREE OF THIS TITLE, NOT-FOR-PROFIT CORPORATIONS, AND SMALL BUSINESSES, AS SUCH TERM IS DEFINED IN SECTION THIRTY-FOUR HUNDRED ONE OF THE NEW YORK CITY CHAR- TER. § 10. Section 5 of section 1 of chapter 1016 of the laws of 1969, constituting the New York city health and hospitals corporation act, is amended by adding a new subdivision 20-a to read as follows: 20-A. TO ESTABLISH EMPLOYMENT GOALS IN ACCORDANCE WITH THE PROGRAM ESTABLISHED PURSUANT TO SECTION THIRTY-FOUR HUNDRED TWO OF THE NEW YORK CITY CHARTER, INCLUDING BUT NOT LIMITED TO EMPLOYMENT GOALS ESTABLISHED PURSUANT TO PARAGRAPH SEVEN OF SUBDIVISION A AND THE CORRESPONDING BEST EFFORTS PROVISIONS SET FORTH IN SUBDIVISION D OF SUCH SECTION; PROVIDED, HOWEVER, THAT WHERE A PROVISION OF SUCH SECTION REQUIRES ACTION BY THE DIRECTOR OF THE OFFICE OF COMMUNITY HIRING AND WORKFORCE DEVELOPMENT, SUCH ACTION SHALL NOT BE TAKEN BY THE DIRECTOR OF THE OFFICE OF COMMUNI- TY HIRING AND WORKFORCE DEVELOPMENT BUT SHALL BE TAKEN BY A DULY APPOINTED DESIGNEE OF THE CORPORATION; AND § 11. Section 8 of section 1 of chapter 1016 of the laws of 1969, constituting the New York city health and hospitals corporation act, is amended by adding a new subdivision 1-a to read as follows: 1-A. NOTWITHSTANDING ANY OTHER PROVISION IN THIS ACT, THE CORPORATION MAY ESTABLISH A QUANTITATIVE FACTOR TO BE USED IN THE EVALUATION OF BIDS FOR THE PURPOSES OF AWARDING OF CONTRACTS BASED ON A BIDDER'S CAPACITY TO MEET OR EXCEED GOALS ESTABLISHED PURSUANT TO SUBDIVISION TWENTY-A OF SECTION FIVE OF THIS ACT, PROVIDED THAT WHEN ESTABLISHING SUCH A QUAL- ITATIVE FACTOR, THE CORPORATION SHALL CONSIDER THE POTENTIAL IMPACT OF SUCH A QUANTITATIVE FACTOR ON BUSINESSES CERTIFIED AS MINORITY OR WOMEN-OWNED BUSINESS ENTERPRISES PURSUANT TO ARTICLE FIFTEEN-A OF THE EXECUTIVE LAW OR SECTION THIRTEEN HUNDRED FOUR OF THE NEW YORK CITY CHARTER, NOT-FOR-PROFIT CORPORATIONS, AND SMALL BUSINESSES, AS SUCH TERM IS DEFINED IN SECTION THIRTY-FOUR HUNDRED ONE OF THE NEW YORK CITY CHAR- TER; § 12. Subdivision b of section 2 of chapter 749 of the laws of 2019, constituting the New York city public works investment act, is amended by adding a new paragraph 12-a to read as follows: (12-A) A QUANTITATIVE FACTOR TO BE USED IN THE EVALUATION OF BIDS OR OFFERS FOR AWARDING OF CONTRACTS BASED ON A BIDDER OR OFFERER'S CAPACITY TO MEET OR EXCEED GOALS ESTABLISHED PURSUANT TO SUBDIVISION A OF SECTION 3402 OF THE NEW YORK CITY CHARTER; § 13. No provision of this act shall be construed to invalidate any provision of a project labor agreement, as such term is defined in section 3401 of the New York city charter as added by section two of this act, or otherwise affect the contractual rights of any party to such an agreement. § 14. If any clause, sentence, paragraph, or section of this act is declared invalid or unconstitutional by any court of competent jurisdic- tion, after exhaustion of all further judicial review, such portion shall be deemed severable, and the court's judgment shall not affect, impair or invalidate the remainder of this act, but shall be confined in its operation to the clause, sentence, paragraph, or section of this act directly involved in the controversy in which the judgment was rendered. S. 9298--A 13 § 15. This act shall take effect on the one hundred eightieth day after it shall have become a law; provided that effective immediately, the addition, amendment and/or repeal of any rule or regulation neces- sary for the implementation of this act on its effective date are authorized to be made and completed on or before such effective date by the director of the office of community hiring and workforce development of the city of New York, the chancellor and the city board of the city school district of the city of New York, the president of the New York city school construction authority, the duly appointed designee of the New York city health and hospitals corporation, the chief executive officer of the New York city industrial development agency, and the chief executive officer of any city-affiliated not-for-profit corpo- ration, as such term is defined by section 3401 of the New York city charter as added by section two of this act; provided further that: (1) sections one, two, three, five, six, seven, eight, nine, ten, eleven, thirteen, and fourteen of this act shall expire and be deemed repealed 7 years after this act takes effect, provided that such expira- tion and repeal shall not affect any transaction, as such term is defined by section 3401 of the New York city charter as added by section two of this act, entered into or for which a solicitation was released prior to such expiration and repeal, or to any renewals, extensions, modifications, or amendments to such transaction; (2) the amendments to paragraph a of subdivision 36 of section 2590-h of the education law made by section four of this act shall not affect the expiration of such subdivision and such section and shall expire and be deemed repealed therewith, or 7 years after this act takes effect, whichever occurs earlier, provided that such expiration and repeal shall not affect any transaction entered into or for which a solicitation was released prior to such expiration and repeal, or to any renewals, exten- sions, modifications, or amendments to such transaction; and (3) the amendments to the New York city public works investment act made by section twelve of this act shall not affect the expiration and repeal of such act and shall expire and be deemed repealed therewith, or 7 years after this act takes effect, whichever occurs earlier.
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