S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1432
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 11, 2023
                                ___________
 
 Introduced by Sens. BAILEY, SEPULVEDA -- read twice and ordered printed,
   and  when  printed  to  be  committed  to  the  Committee  on Housing,
   Construction and Community Development
 
 AN ACT establishing the "New  York  City  Housing  Authority  Facilities
   Modernization  Act";  and  providing for the repeal of such provisions
   upon expiration thereof (Part A); and to amend the public housing law,
   in relation to reporting  on  lead-based  paint  poisoning  prevention
   (Part B)
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. This act enacts into law major  components  of  legislation
 which  are necessary to promote and protect the health and safety of New
 York residents relating to housing. Each component is  wholly  contained
 within  a  Part  identified as Parts A through B. The effective date for
 each particular provision contained within such Part is set forth in the
 last section of such Part. Any provision in any section contained within
 a Part, including the effective date of the Part, which makes  reference
 to a section "of this act", when used in connection with that particular
 component,  shall  be  deemed  to  mean  and  refer to the corresponding
 section of the Part in which it is found. Section three of this act sets
 forth the general effective date of this act.
 
                                  PART A
 
   Section 1. This act shall be known and may be cited as the  "New  York
 City Housing Authority Facilities Modernization Act".
   §  2.  Definitions.  For the purposes of this act, the following terms
 shall have the following meanings:
   1. "Project" shall mean any  installation,  construction,  demolition,
 reconstruction,   excavation,  rehabilitation,  renovation,  and  repair
 contracted out by the authorized authority pursuant to this act.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04527-01-3
              

 S. 1432                             2
 
   2. "Authorized authority" shall mean the New York City Housing Author-
 ity.
   3.  "Best  value"  shall  mean  the  basis  for awarding contracts for
 services to the bidder that optimize quality, cost and efficiency, price
 and performance criteria, which may include, but is not limited to:
   (a) The quality of the contractor's performance on previous projects;
   (b)  The  timeliness  of  the  contractor's  performance  on  previous
 projects;
   (c)  The level of customer satisfaction with the contractor's perform-
 ance on previous projects;
   (d) The contractor's record of performing previous projects on  budget
 and ability to minimize cost overruns;
   (e) The contractor's ability to limit change orders;
   (f) The contractor's ability to prepare appropriate project plans;
   (g) The contractor's technical capacities;
   (h) The individual qualifications of the contractor's key personnel;
   (i)  The  contractor's  ability to assess and manage risk and minimize
 risk impact;
   (j) The contractor's past record of encouraging  minority  and  women-
 owned business enterprise participation and compliance with article 15-A
 of  the  executive law and any other applicable laws concerning minority
 and women-owned business enterprise participation.
   (k) A quantitative factor to be used in evaluation of bids  or  offers
 for  awarding of contracts for bidders or offerers that are certified as
 minority or women-owned business enterprises as defined in article  15-A
 of  the executive law, or certified pursuant to local law as minority or
 women-owned business enterprises.
   Such basis shall reflect, wherever possible, objective  and  quantifi-
 able analysis.
   4. "Design-build contract" shall mean, in conformity with the require-
 ments  of  this  act,  a contract for the design and construction of the
 projects with a single entity, which may be a team comprised of separate
 entities.
   5. "Procurement record" shall mean documentation of the decisions made
 and the approach taken in the procurement process.
   6. "Project labor agreement" shall mean a pre-hire collective bargain-
 ing agreement  between  a  contractor  and  a  bona  fide  building  and
 construction  trade  labor organization establishing the labor organiza-
 tion as the collective bargaining representative  for  all  persons  who
 will  perform work on the project, and which provides that only contrac-
 tors and subcontractors who sign a  pre-negotiated  agreement  with  the
 labor organization can perform project work.
   § 3. Notwithstanding section 103 of the general municipal law, section
 151 of the public housing law, or the provisions of any other law to the
 contrary, in conformity with the requirements of this act, and only when
 a  project  labor  agreement  is performed, the authorized authority may
 utilize the alternative delivery method referred to  as  a  design-build
 contract  for  the  project provided that each such project shall not be
 less than one million two hundred  thousand  dollars  ($1,200,000).  The
 authorized  authority  shall ensure that its procurement record reflects
 the design-build contract process authorized by this act.
   § 4. An entity selected by the authorized authority to  enter  into  a
 design-build  contract  for the project shall be selected through a two-
 step method, as follows:
   1. Step one. Generation of a list of entities that  have  demonstrated
 the  general  capability  to  perform  a  design-build  contract for the
 S. 1432                             3
 
 project. Such list shall consist of a specified number of  entities,  as
 determined  by  the  authorized  authority, and shall be generated based
 upon the authorized authority's review of responses to a publicly adver-
 tised request for qualifications for the project. The authorized author-
 ity's request for qualifications for the project shall include a general
 description  of  the  project,  the  maximum  number  of  entities to be
 included on the list, and the selection criteria to be used in  generat-
 ing  the  list. Such selection criteria shall include the qualifications
 and experience of the design and construction team, organization, demon-
 strated responsibility, ability of the team or of a member or members of
 the  team  to  comply  with  applicable  requirements,   including   the
 provisions  of  articles  145,  147  and  148 of the education law, past
 record of compliance  with  the  labor  law  including  prevailing  wage
 requirements  under state and federal law; the past record of compliance
 with  existing  labor  standards  and   maintaining   harmonious   labor
 relations;  the record of protecting the health and safety of workers on
 public works projects and job sites as demonstrated  by  the  experience
 modification  rate  for  each  of  the last three years; the prospective
 bidder's ability to undertake the  particular  type  and  complexity  of
 work;  the  financial  capability, responsibility and reliability of the
 prospective bidder for such type and complexity of work; the prospective
 bidder's compliance with equal employment opportunity  requirements  and
 anti-discrimination  laws,  and  demonstrated commitment to working with
 minority and women-owned businesses through joint  ventures  or  subcon-
 tractor relationships; whether or not the prospective bidder or a person
 or entity with an interest of at least ten per centum in the prospective
 bidder,  is  listed by the federal government as excluded from receiving
 federal contracts and  certain  subcontracts,  assistance,  or  benefits
 pursuant  to  48  C.F.R.  subpart 9-4; and such other qualifications the
 authorized authority deems appropriate which may  include  but  are  not
 limited  to  project  understanding,  financial capability and record of
 past performance. The authorized authority shall evaluate and  rate  all
 entities  responding  to the request for qualifications. Based upon such
 ratings, the authorized authority shall list  the  entities  that  shall
 receive  a  request  for proposals in accordance with subdivision two of
 this section. To the extent consistent with applicable federal law,  the
 authorized authority shall consider, when awarding any contract pursuant
 to  this  section, the participation of: (a) firms certified pursuant to
 article 15-A of the executive law as minority or women-owned  businesses
 or  certified  pursuant to local law as minority or women-owned business
 enterprises and the ability of other businesses under  consideration  to
 work  with  minority  and  women-owned  businesses  so as to promote and
 assist participation by such businesses; and (b) small business concerns
 identified pursuant to subdivision (b) of section  139-g  of  the  state
 finance law.
   2.  Step two. Selection of the proposal which is the best value to the
 authorized authority.  The authorized authority shall  issue  a  request
 for  proposals for the project to the entities listed pursuant to subdi-
 vision one of this section. If such an entity  consists  of  a  team  of
 separate  entities,  the  entities that comprise such a team must remain
 unchanged from the entity as listed pursuant to subdivision one of  this
 section  unless  otherwise  approved  by the authorized authority.   The
 request for proposals for the project  shall  set  forth  the  project's
 scope  of  work, and other requirements, as determined by the authorized
 authority. The request for proposals shall set forth the  public  work's
 scope  of  work, and other requirements, as determined by the authorized
 S. 1432                             4
 
 entity, which may include separate goals for work under the contract  to
 be performed by businesses certified as minority or women-owned business
 enterprises  as  defined in article 15-A of the executive law, or certi-
 fied  pursuant  to  local law as minority or women-owned business enter-
 prises. The request for proposals shall specify the criteria to be  used
 to evaluate the responses and the relative weight of each such criteria.
 Such  criteria  shall  include  the  proposal's cost, the quality of the
 proposal's solution, the qualifications and experience  of  the  design-
 build  entity,  and  other  factors  deemed  pertinent by the authorized
 authority,  which  may  include,  but  shall  not  be  limited  to,  the
 proposal's  project  implementation,  ability  to complete the work in a
 timely and satisfactory  manner,  maintenance  costs  of  the  completed
 project,  maintenance  of  traffic  approach,  and community impact. Any
 contract awarded pursuant to this act shall be awarded to  a  responsive
 and  responsible  entity  that submits the proposal, which, in consider-
 ation of these and other specified  criteria  deemed  pertinent  to  the
 project,  offers  the  best value to the authorized authority, as deter-
 mined by  the  authorized  authority.  Nothing  in  this  act  shall  be
 construed  to  prohibit  the authorized authority from negotiating final
 contract terms and conditions including cost.
   3. Notwithstanding the foregoing provisions of this section, when  any
 person  or  entity  is listed by the federal government as excluded from
 receiving federal contracts  and  certain  subcontracts,  assistance  or
 benefits,  pursuant to 48 C.F.R. subpart 9-4, such person or entity, and
 any firm, corporation, partnership or association in which the person or
 entity owns or controls at least ten per centum, shall be ineligible  to
 submit a bid on or be awarded any contract authorized by this act during
 such  period  of  exclusion.  The  department  of labor shall notify the
 person or entity immediately of such ineligibility and  such  person  or
 entity  must  be afforded the opportunity to appeal to the department of
 labor.
   § 5. Any contract entered into pursuant to this act  shall  include  a
 clause  requiring  that  any professional services regulated by articles
 145, 147 and 148 of the education law shall be performed and stamped and
 sealed, where appropriate, by a professional licensed in accordance with
 such articles.
   § 6. The installation, construction, demolition, reconstruction, exca-
 vation, rehabilitation, repair, and renovation of the project undertaken
 by the authorized authority pursuant to  this  act  shall  be  deemed  a
 "public work" to be performed in accordance with the provisions of arti-
 cle 8 of the labor law, as well as subject to sections 200, 240, 241 and
 242  of the labor law and enforcement of prevailing wage requirements by
 the New York state department of labor  and,  if  the  project  receives
 federal aid, applicable federal requirements for prevailing wage.
   §  7.  A  project labor agreement shall be included in the request for
 proposals for the project, provided that, based upon a study done by  or
 for  the  authorized authority, the authorized authority determines that
 its interest in obtaining the best work at the  lowest  possible  price,
 preventing  favoritism,  fraud  and corruption, and other considerations
 such as the impact of delay, the possibility of cost savings advantages,
 and any local history of labor unrest,  are  best  met  by  requiring  a
 project labor agreement.  The authorized authority  shall conduct such a
 study and the project labor agreement shall be performed consistent with
 the  provisions  of  section  222 of the labor law.   If a project labor
 agreement is not performed on the project (1) the  authorized  authority
 shall  not  utilize  a  design-build  contract  for the project; and (2)
 S. 1432                             5
 
 sections 101 and 103 of the general municipal law and sections  151  and
 151-a of the public housing law shall apply to the project.
   §  8.  Each contract entered into by the authorized authority pursuant
 to this act shall comply, whenever practical, with  the  objectives  and
 goals of minority and women-owned business enterprises pursuant to arti-
 cle  15-A  of the executive law or, if the project receives federal aid,
 shall comply with  applicable  federal  requirements  for  disadvantaged
 business enterprises.
   §  9.  The  project undertaken by the authorized authority pursuant to
 this act shall be subject to the requirements of article 8 of the  envi-
 ronmental  conservation  law, and, where applicable, the requirements of
 the national environmental policy act.
   § 10. (a) Notwithstanding any provision of law to  the  contrary,  all
 rights  and  benefits, including terms and conditions of employment, and
 protection of civil service and  collective  bargaining  status  of  all
 employees  of  the  authorized  authority in connection with the project
 shall be preserved and protected.
   (b) Nothing in this act shall result in the: (1) displacement  of  any
 currently  employed  worker  or  loss  of  position  (including  partial
 displacement such as a reduction in  the  hours  of  non-overtime  work,
 wages  or  employment benefits), or result in the impairment of existing
 collective bargaining agreements; and (2) transfer  of  existing  duties
 and  functions related to maintenance and operations currently performed
 by existing employees of the authorized authority to a contractor.
   (c) Employees  of  the  authorized  authority  that  perform  work  in
 connection with the project serving in positions in newly created titles
 shall be assigned to the appropriate bargaining unit.
   (d)  Nothing  contained  in this act shall be construed to affect: (1)
 the existing rights and benefits of employees of the authorized authori-
 ty pursuant to an existing collective bargaining agreement and the civil
 service law, including terms  and  conditions  of  employment;  (2)  the
 existing  representational  relationships  among  employee organizations
 representing employees of the authorized authority; or (3) the  bargain-
 ing  relationships  between  the  authorized authority and such employee
 organizations.
   § 11. If otherwise applicable, the project undertaken by  the  author-
 ized  authority  pursuant  to  this act shall be governed by the general
 municipal law and/or the public housing law.
   § 12. The submission of a proposal or responses or the execution of  a
 design-build  contract pursuant to this act shall not be construed to be
 a violation of section 6512 of the education law.
   § 13. Nothing contained in this act shall limit  the  right  or  obli-
 gation  of the authorized authority to comply with the provisions of any
 existing contract, including any existing contract with or for the bene-
 fit of the holders of the obligations of the authorized authority, or to
 award contracts as otherwise provided by law.
   § 14. This act shall take effect immediately and shall expire  and  be
 deemed  repealed 4 years after such date, provided that, if the New York
 city housing authority has issued requests for  qualifications  for  the
 project prior to such repeal, such project shall be permitted to contin-
 ue under this act notwithstanding such repeal.
 
                                  PART B
 
   Section  1.  The public housing law is amended by adding a new section
 402-g  to read as follows:
 S. 1432                             6
 
   § 402-G. REPORTING ON  LEAD-BASED  PAINT  POISONING  PREVENTION.    1.
 COMMENCING  ON  NOVEMBER FIRST, TWO THOUSAND TWENTY-THREE AND EVERY YEAR
 THEREAFTER, THE CHAIR OF THE  NEW  YORK  CITY  HOUSING  AUTHORITY  SHALL
 PRODUCE A WRITTEN REPORT OUTLINING FEDERAL, STATE AND LOCAL LAWS FORMING
 THE NEW YORK CITY HOUSING AUTHORITY'S POLICIES AND PROCEDURES RELATED TO
 LEAD-BASED  PAINT  POISONING  PREVENTION  AND ITS IMPLEMENTATION OF SUCH
 POLICIES AND PROCEDURES FOR THE PRIOR FISCAL YEAR.  SUCH REPORT SHALL BE
 SUBMITTED TO THE NEW YORK CITY DEPARTMENT OF HEALTH AND  MENTAL  HYGIENE
 AND THE NEW YORK CITY DEPARTMENT OF HOUSING PRESERVATION AND DEVELOPMENT
 AND  SHALL  BE  PUBLISHED  ON  EACH DEPARTMENT'S WEBSITE ALONGSIDE OTHER
 REPORTS PERTAINING TO LEAD-BASED PAINT POISONING PREVENTION SO THAT SUCH
 REPORT IS AVAILABLE FOR PUBLIC VIEWING. SUCH  REPORT  SHALL  INCLUDE  AN
 ANALYSIS  OF  THE  LEAD-BASED  PAINT  POISONING  PREVENTION  PROGRAM,  A
 DETAILED STATEMENT OF REVENUE AND EXPENDITURES AND A STATISTICAL SECTION
 DESIGNED TO PROVIDE A DETAILED EXPLANATION OF THE NEW YORK CITY  HOUSING
 AUTHORITY'S IMPLEMENTATION, INCLUDING BUT NOT LIMITED TO, THE FOLLOWING:
   A. THE NUMBER OF COMPLAINTS RELATED TO PEELING PAINT IN DWELLING UNITS
 AND/OR  COMMON AREAS LOCATED IN BUILDINGS CONSTRUCTED ON OR BEFORE NINE-
 TEEN HUNDRED SEVENTY-EIGHT; AND
   B. THE NUMBER OF  SUPERVISORY  PERSONNEL  AND  EMPLOYEES  ASSIGNED  TO
 CONDUCT  LEAD-BASED  PAINT  INSPECTIONS,  DISAGGREGATED BY THE NUMBER OF
 EMPLOYEES THAT HAVE RECEIVED TRAINING AND CERTIFICATION  IN  LEAD  PAINT
 REMOVAL  AND  THE  TYPE OF CERTIFICATION FOR WORK RELATING TO LEAD-BASED
 PAINT POISONING PREVENTION; AND
   C. THE TOTAL NUMBER OF EXEMPTIONS OBTAINED PURSUANT TO  SUBDIVISION  B
 OF  SECTION 27-2056.5 OF THE ADMINISTRATIVE CODE OF THE CITY OF NEW YORK
 AND THE NUMBER OF NEW YORK CITY PUBLIC HOUSING  DEVELOPMENTS,  BUILDINGS
 AND UNITS AFFECTED BY SUCH EXEMPTIONS; AND
   D.  THE  NUMBER OF PEELING PAINT INSPECTIONS COMPLETED BY THE NEW YORK
 CITY HOUSING AUTHORITY AS REQUIRED  BY  APPLICABLE  FEDERAL,  STATE  AND
 LOCAL  LAWS,  DISAGGREGATED  BY THE LOCATION OF PEELING PAINT, SUCH AS A
 COMMON AREA OR DWELLING UNIT; AND
   E. THE NUMBER OF  PEELING  PAINT  INSPECTIONS  IDENTIFIED  AS  NEEDING
 CORRECTIVE  ACTION  PURSUANT TO APPLICABLE FEDERAL, STATE AND LOCAL LAWS
 RELATING TO LEAD-BASED PAINT, DISAGGREGATED BY THE LOCATION  OF  PEELING
 PAINT, SUCH AS A COMMON AREA OR DWELLING UNIT; AND
   F.  THE NUMBER OF WORK ORDERS FOR PEELING PAINT THAT WERE CERTIFIED AS
 CORRECTED, DISAGGREGATED BY REMEDIATION OR ABATEMENT; AND
   G. THE NUMBER OF PEELING PAINT COMPLAINTS THAT DID NOT  RESULT  IN  AN
 INSPECTION  AND  THE  REASON  THE  INSPECTION  WAS NOT COMPLETED AND THE
 NUMBER OF PEELING PAINT COMPLAINTS THAT DID NOT RESULT IN THE REMOVAL OF
 SUCH PEELING PAINT AND THE REASON THE PEELING PAINT WAS  NOT  REMEDIATED
 OR ABATED; AND
   H. THE NUMBER OF CIVIL ACTIONS BROUGHT AGAINST THE NEW YORK CITY HOUS-
 ING AUTHORITY ALLEGING INJURY CAUSED BY LEAD-BASED PAINT; AND
   I. A STATISTICAL PROFILE WITH GEOGRAPHIC INDEXING, SUCH AS BY COMMUNI-
 TY  DISTRICT,  ASSEMBLY  DISTRICT,  SENATE  DISTRICT AND/OR ZIP CODE, OF
 BUILDINGS IN WHICH PEELING PAINT WAS IDENTIFIED  AS  NEEDING  CORRECTIVE
 ACTION, INDICATING THE AGE OF THE BUILDING AND OTHER FACTORS RELEVANT TO
 THE  PRESENCE  OF  LEAD  PAINT HAZARDS, WHICH MAY INCLUDE THE PRIOR LEAD
 POISONING OF A CHILD IN A MULTIPLE DWELLING AND EMERGENCY REPAIRS; AND
   J. SUCH OTHER INFORMATION AS REQUESTED BY THE COMMISSIONER OF THE  NEW
 YORK CITY DEPARTMENT OF HEALTH AND MENTAL HYGIENE OR THE COMMISSIONER OF
 THE NEW YORK CITY DEPARTMENT OF HOUSING PRESERVATION AND DEVELOPMENT.
   2. THE NEW YORK CITY HOUSING AUTHORITY SHALL MAINTAIN A CENTRAL REGIS-
 TER OF ALL DEPARTMENT ORDERS TO CORRECT PEELING PAINT PURSUANT TO APPLI-
 S. 1432                             7
 
 CABLE  FEDERAL,  STATE  AND LOCAL LAWS. SUCH REGISTER SHALL INDICATE THE
 DATE OF THE COMPLAINT, THE ADDRESS OF THE PREMISES,  THE  DATE  OF  EACH
 INSPECTION AND REINSPECTION, AND THE SCOPE OF WORK UNDERTAKEN AS CORREC-
 TIVE ACTIONS.
   3.  COMMENCING ON JULY FIRST, TWO THOUSAND TWENTY-THREE AND EVERY JULY
 FIRST OF EACH YEAR THEREAFTER, THE CHAIR OF THE NEW  YORK  CITY  HOUSING
 AUTHORITY  SHALL  SUBMIT  A DRAFT PLAN FOR REVIEW AND COMMENT TO THE NEW
 YORK CITY DEPARTMENT OF HOUSING PRESERVATION AND DEVELOPMENT AND THE NEW
 YORK CITY DEPARTMENT OF HEALTH AND MENTAL HYGIENE ON THE NEW  YORK  CITY
 HOUSING  AUTHORITY'S POLICIES AND PROCEDURES RELATED TO LEAD-BASED PAINT
 POISONING PREVENTION AND THE MANNER IN WHICH THE NEW YORK  CITY  HOUSING
 AUTHORITY PROPOSES TO IMPLEMENT SUCH POLICIES AND PROCEDURES.
   THE  FINAL  PLAN SHALL TAKE INTO CONSIDERATION COMMENTS OFFERED BY THE
 NEW YORK CITY DEPARTMENT OF HEALTH AND MENTAL HYGIENE AND THE  NEW  YORK
 CITY  DEPARTMENT  OF  HOUSING  PRESERVATION AND DEVELOPMENT AND SHALL BE
 PUBLISHED BY AUGUST FIFTEENTH OF EACH YEAR ON EACH DEPARTMENT'S WEBSITE,
 INCLUDING THE NEW YORK CITY HOUSING AUTHORITY'S WEBSITE, ALONGSIDE OTHER
 REPORTS PERTAINING TO LEAD-BASED PAINT POISONING PREVENTION SO THAT SUCH
 REPORT IS AVAILABLE FOR PUBLIC VIEWING.
   § 2. This act shall take effect immediately.
   § 2. Severability clause. If any clause, sentence, paragraph, subdivi-
 sion, section or part of this act shall be  adjudged  by  any  court  of
 competent  jurisdiction  to  be invalid, such judgment shall not affect,
 impair, or invalidate the remainder thereof, but shall  be  confined  in
 its  operation  to the clause, sentence, paragraph, subdivision, section
 or part thereof directly involved in the controversy in which such judg-
 ment shall have been rendered. It is hereby declared to be the intent of
 the legislature that this act would  have  been  enacted  even  if  such
 invalid provisions had not been included herein.
   §  3.  This  act shall take effect immediately provided, however, that
 the applicable effective date of Parts A through B of this act shall  be
 as specifically set forth in the last section of such Parts.