S T A T E O F N E W Y O R K
________________________________________________________________________
4274
2009-2010 Regular Sessions
I N A S S E M B L Y
February 2, 2009
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Introduced by M. of A. BRODSKY, KAVANAGH -- read once and referred to
the Committee on Corporations, Authorities and Commissions
AN ACT to amend the public authorities law, in relation to requiring a
study by the authorities budget office on economic benefits provided
by authorities; requiring that financing provided by authorities be
subject to certain standards; and requiring that contractors receiving
economic benefits from a public authority be subject to certain stand-
ards
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. This act shall be known and may be cited as the "Public
authority financing and contractor accountability act of 2009".
S 2. The public authorities law is amended by adding a new article 1-B
to read as follows:
ARTICLE 1-B
PUBLIC AUTHORITY FINANCING AND
CONTRACTOR ACCOUNTABILITY ACT
SECTION 52. PUBLIC AUTHORITY FINANCING AND CONTRACTOR RESPONSIBILITY.
S 52. PUBLIC AUTHORITY FINANCING AND CONTRACTOR RESPONSIBILITY. 1. THE
AUTHORITY BUDGET OFFICE, AS CREATED BY CHAPTER SEVEN HUNDRED SIXTY-SIX
OF THE LAWS OF TWO THOUSAND FIVE, SHALL SUBMIT A REPORT TO THE TEMPORARY
PRESIDENT OF THE SENATE, THE SPEAKER OF THE ASSEMBLY, THE CHAIR OF THE
STANDING COMMITTEE ON CORPORATIONS, AUTHORITIES AND COMMISSIONS IN THE
SENATE AND THE CHAIR OF THE STANDING COMMITTEE ON CORPORATIONS, AUTHORI-
TIES AND COMMISSIONS IN THE ASSEMBLY, ANALYZING THE AMOUNT OF FUNDING
AND ECONOMIC BENEFIT PROVIDED BY PUBLIC AUTHORITIES, PUBLIC BENEFIT
CORPORATIONS, INDUSTRIAL DEVELOPMENT AGENCIES, OR LOCAL DEVELOPMENT
CORPORATIONS. SUCH ANALYSIS SHALL INCLUDE THE PERCENTAGE OF BENEFITS
PROVIDED FOR PROJECTS AS DEFINED IN SECTION TWO HUNDRED TWENTY OF THE
LABOR LAW. IF TEN PERCENT OR MORE OF THE PUBLIC WORK PROJECT WAS
FINANCED BY AN AUTHORITY, PUBLIC BENEFIT CORPORATION, INDUSTRIAL DEVEL-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07327-01-9
A. 4274 2
OPMENT AGENCY, OR LOCAL DEVELOPMENT AGENCY, THE AUTHORITY BUDGET OFFICE
SHALL ANALYZE WHAT PERCENTAGE OF WORKERS COMPLETING THE PROJECTS WERE
PAID THE PREVAILING WAGE. THE REPORT SHALL BE SUBMITTED ON THE ONE
HUNDRED EIGHTIETH DAY AFTER THE EFFECTIVE DATE OF THIS SECTION.
2. ANY PUBLIC AUTHORITY OR PUBLIC BENEFIT CORPORATION THAT FINANCES OR
PROVIDES TEN PERCENT OR MORE OF THE FINANCING TO A CONTRACTOR OR ENTITY
NEEDED TO COMPLETE A CONTRACT OF A PROJECT AS DEFINED IN SECTION TWO
HUNDRED TWENTY OF THE LABOR LAW IS REQUIRED TO ENFORCE THAT SUCH PROJECT
BE SUBJECT TO SECTION TWO HUNDRED TWENTY OF THE LABOR LAW AS A REQUISITE
OF SUCH FINANCING.
3. AT THE COMPLETION OF THE PROJECT, CONTRACTORS MUST SUBMIT A REPORT
TO THE AWARDING AGENCY, INSTITUTION, OR ENTITY STATING THAT THE CONTRACT
WAS FULLY EXECUTED, THE AMOUNT OF PAYMENTS AND WAGES PAID TO EMPLOYEES
OR WORKERS USED TO COMPLETE THE PROJECT OR CONTRACT, AND ANY OTHER RELE-
VANT INFORMATION DETERMINED BY THE AWARDING AGENCY, INSTITUTION, OR
ENTITY. FOR THE PURPOSES OF THIS SECTION "CONTRACTOR" SHALL MEAN AN
INDIVIDUAL, A BUSINESS ENTERPRISE, INCLUDING A SOLE PROPRIETORSHIP, A
PARTNERSHIP, A CORPORATION, A NOT-FOR-PROFIT CORPORATION, OR ANY OTHER
PARTY TO A STATE CONTRACT, OR A BIDDER IN CONJUNCTION WITH THE AWARD OF
A STATE CONTRACT, OR A PROPOSED PARTY TO A STATE CONTRACT.
S 3. This act shall take effect on the ninetieth day after it shall
have become a law.