S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7542
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 25, 2023
                                ___________
 
 Introduced by M. of A. WEPRIN -- read once and referred to the Committee
   on Insurance
 
 AN  ACT  to  amend  the  insurance law, in relation to exempting certain
   public construction projects from certain restrictions
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Subparagraphs (A) and (B) of paragraph 2 of subdivision (a)
 of section 2504 of the insurance law are amended, and a new subparagraph
 (C) is added to read as follows:
   (A)  a  public  corporation  or  public  authority created pursuant to
 agreement or compact with another state, [or]
   (B) the city of New York, a public corporation or public authority, in
 connection with the construction of  electrical  generating  and  trans-
 mission  facilities  or  construction, extensions and additions of light
 rail or heavy rail rapid transit and commuter railroads[.], OR
   (C) THE CITY OF NEW YORK, THE CITY SCHOOL DISTRICT OF THE CITY OF  NEW
 YORK, THE NEW YORK CITY INDUSTRIAL DEVELOPMENT AGENCY, THE NEW YORK CITY
 HEALTH  AND HOSPITALS CORPORATION, OR THE NEW YORK CITY HOUSING AUTHORI-
 TY, IN CONNECTION WITH A CONTRACT THE  PRINCIPAL  PURPOSE  OF  WHICH  IS
 CONSTRUCTION THAT (I) HAS AN ESTIMATED COST OF NO LESS THAN FIVE MILLION
 DOLLARS  OR (II) IS SUBJECT TO AN OWNER-CONTROLLED INSURANCE PROGRAM FOR
 PROJECTS, PROVIDED THAT ANY CONTRACT UNDERTAKEN PURSUANT TO THIS SUBPAR-
 AGRAPH THAT HAS AN ESTIMATED COST OF FIVE MILLION DOLLARS  OR  MORE  MAY
 ONLY BE UNDERTAKEN PURSUANT TO A PROJECT LABOR AGREEMENT AS SUCH TERM IS
 DEFINED IN SECTION TWO HUNDRED TWENTY-TWO OF THE LABOR LAW.
   §  2. A report shall be submitted no later than September 30, 2024 and
 annually thereafter, to the governor, the  temporary  president  of  the
 senate and the speaker of the assembly by the city of New York on behalf
 of  its  agencies,  the New York city housing authority, the city school
 district of the city of New York, the New York city industrial  develop-
 ment  agency,  and  the  New  York city health and hospitals corporation
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11422-04-3
              

 A. 7542                             2
 
 containing information regarding each contract subject to  an  insurance
 program  authorized  pursuant to this act. Such report shall include for
 each contract awarded in the preceding fiscal year:   a  description  of
 the  project  to  be implemented by such contract; information regarding
 the procurement process for each such contract, including  the  list  of
 responding  entities that demonstrated the general capability to perform
 such contract, to the extent such contract was awarded on  a  best-value
 basis  or  such  a list is otherwise available; the total award value of
 each contract; and an explanation of  the  estimated  savings  resulting
 from   using  owner-controlled  or  contractor-controlled  insurance  in
 conjunction with such contract. Such report shall also include for  each
 contract  concluding in the preceding fiscal year:  a description of the
 dispute resolution processes used for insurance  or  liability  disputes
 arising  during  such  contract's performance, to the extent not legally
 privileged; the total cost of such contract; a  comparative  description
 of  work  site  safety  relative  to  similar  construction projects not
 subject to an insurance program authorized under this act;  the  partic-
 ipation  rate  of and total dollar value of monies paid to minority- and
 women-owned business enterprises,  emerging  business  enterprises,  and
 locally-based business enterprises certified pursuant to section 1304 of
 the  New  York city charter under such contracts, and a separate listing
 of the participation rate of and total dollar value of  monies  paid  to
 minority- and women-owned business enterprises, emerging business enter-
 prises,  and  locally-based  business  enterprises  for  projects  using
 contractor-controlled insurance that cost  no  less  than  five  million
 dollars and no more than twenty-five million dollars.
   § 3. This act shall take effect immediately.