S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4776
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 23, 2023
                                ___________
 
 Introduced  by M. of A. PRETLOW -- read once and referred to the Commit-
   tee on Local Governments
 
 AN ACT to amend the general municipal law, in relation to allowing West-
   chester county to require bidders for public  works,  construction  or
   purchase  contracts  to  hire  and  retain persons residing in certain
   targeted communities

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The  general  municipal  law  is  amended by adding a new
 section 103-h to read as follows:
   § 103-H. CONTRACTS FOR PUBLIC WORKS IN  WESTCHESTER  COUNTY;  TARGETED
 COMMUNITIES. 1. FOR THE PURPOSES OF THIS SECTION, A "TARGETED COMMUNITY"
 SHALL  MEAN  ANY CITY, TOWN, OR VILLAGE OR CENSUS TRACT WITHIN A MUNICI-
 PALITY, WITHIN A COUNTY WHERE THE COMBINED AVERAGE OF  THE  UNEMPLOYMENT
 RATE AND THE POVERTY RATE OF SUCH COMMUNITY IS GREATER THAN THE COMBINED
 COUNTYWIDE AVERAGE OF UNEMPLOYMENT AND POVERTY RATE BY TEN PERCENT.
   2. NOTWITHSTANDING ANY PROVISION OF LAW, THE COUNTY OF WESTCHESTER MAY
 REQUIRE THE LOWEST RESPONSIBLE BIDDER FOR ALL PUBLIC WORKS, CONSTRUCTION
 OR  PURCHASE  CONTRACTS  TO  HIRE AND RETAIN PERSONS RESIDING IN CERTAIN
 TARGETED COMMUNITIES HAVING THE HIGHEST  RATES  OF  UNEMPLOYMENT  WITHIN
 SUCH COUNTY.
   3. THE COUNTY MAY REQUIRE THAT:
   A.  AT  LEAST TEN PERCENT OF THE LABOR COSTS OF CONSTRUCTION CONTRACTS
 AWARDED BY THE COUNTY BE SPENT TO HIRE PERSONS RESIDING IN THE  TARGETED
 COMMUNITIES WITHIN THAT COUNTY;
   B.  AT  LEAST  TWENTY  PERCENT  OF  THE  LABOR  COSTS  OF CONSTRUCTION
 CONTRACTS BE SPENT TO HIRE PERSONS RESIDING IN THE TARGETED COMMUNITIES,
 IF THE COMBINED AVERAGE UNEMPLOYMENT AND POVERTY  RATE  FOR  A  TARGETED
 COMMUNITY  IS  GREATER  THAN  TWENTY  PERCENT OF THE COMBINED COUNTYWIDE
 AVERAGE OF UNEMPLOYMENT RATE AND THE POVERTY RATE; AND
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09472-01-3
 A. 4776                             2
              

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