S T A T E   O F   N E W   Y O R K
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                                  4279

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            February 2, 2011
                               ___________

Introduced  by  M.  of A. P. RIVERA, JAFFEE -- read once and referred to
  the Committee on Corporations, Authorities and Commissions

AN ACT to amend the public authorities law, in relation  to  transparent
  methods of subcontracting by general contractors who enter public work
  contracts with the New York state dormitory authority

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 1676-a of the public authorities law, as  added  by
chapter 769 of the laws of 1978, is amended to read as follows:
  S 1676-a. [Payment] CONTRACTS FOR AND PAYMENT on authority public work
projects.  1.  Notwithstanding  the  provisions  of any other law to the
contrary, all contracts for public work awarded by the dormitory author-
ity pursuant to this title shall  be  in  accordance  with  section  one
hundred thirty-nine-f of the state finance law. For the purposes of this
section, public work by the dormitory authority shall include but not be
limited  to the construction of dormitories and other related structures
as defined in paragraph [a] (A) of subdivision two  of  section  sixteen
hundred  seventy-six  of  this  title, boards of cooperative educational
services as defined in paragraph [d] (D) of subdivision two  of  section
sixteen  hundred  seventy-six of this title, locally sponsored community
colleges as defined in subdivision  seven  of  section  sixteen  hundred
seventy-six  of this title, and the city university as defined in subdi-
vision eight of section sixteen hundred seventy-six of this title.
  2. NOTWITHSTANDING THE PROVISIONS OF ANY OTHER LAW  TO  THE  CONTRARY,
EACH BIDDER ON A PUBLIC WORK CONTRACT, WHERE THE PREPARATION OF SEPARATE
SPECIFICATIONS  IS  NOT  REQUIRED,  SHALL SUBMIT WITH ITS BID A SEPARATE
SEALED LIST THAT NAMES EACH SUBCONTRACTOR THAT THE BIDDER  WILL  USE  TO
PERFORM  WORK  ON THE CONTRACT, AND THE AGREED-UPON AMOUNT TO BE PAID TO
EACH FOR: (I) PLUMBING AND GAS FITTING, (II) STEAM  HEATING,  HOT  WATER
HEATING,  VENTILATING  AND AIR CONDITIONING APPARATUS AND (III) ELECTRIC
WIRING  AND  STANDARD  ILLUMINATING  FIXTURES.  AFTER  THE  LOW  BID  IS

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04158-01-1
              

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ANNOUNCED, THE SEALED LIST OF SUBCONTRACTORS SUBMITTED WITH SUCH LOW BID
SHALL BE OPENED AND THE NAMES OF SUCH SUBCONTRACTORS SHALL BE ANNOUNCED,
AND  THEREAFTER  ANY CHANGE OF SUBCONTRACTOR OR AGREED-UPON AMOUNT TO BE
PAID  TO EACH SHALL REQUIRE APPROVAL OF THE PUBLIC OWNER, UPON A SHOWING
PRESENTED TO THE PUBLIC OWNER OF LEGITIMATE CONSTRUCTION NEED  FOR  SUCH
CHANGE,   WHICH   SHALL  BE  OPEN  TO  PUBLIC  INSPECTION.    LEGITIMATE
CONSTRUCTION NEED SHALL BE LIMITED TO, A CHANGE  IN  PROJECT  SPECIFICA-
TIONS,  A CHANGE IN CONSTRUCTION MATERIAL COSTS, A CHANGE TO SUBCONTRAC-
TOR STATUS AS DETERMINED PURSUANT TO PARAGRAPH (E) OF SUBDIVISION TWO OF
SECTION TWO HUNDRED TWENTY-TWO OF THE LABOR LAW,  OR  THE  SUBCONTRACTOR
HAS  BECOME  OTHERWISE  UNWILLING,  UNABLE OR UNAVAILABLE TO PERFORM THE
SUBCONTRACT. THE SEALED LISTS OF SUBCONTRACTORS SUBMITTED BY  ALL  OTHER
BIDDERS SHALL BE RETURNED TO THEM UNOPENED AFTER THE CONTRACT AWARD.
  S  2.  Subdivision 8 of section 1678 of the public authorities law, as
amended by chapter 251 of the laws  of  1962,  is  amended  to  read  as
follows:
  8. IN CONNECTION WITH PUBLIC WORK CONTRACTS:
  (A)  By  contract  or  contracts or by its own employees to construct,
acquire, reconstruct, rehabilitate and improve, and furnish  and  equip,
dormitories and necessary and usual attendant facilities for state-oper-
ated  institutions  and statutory and contract colleges under the juris-
diction of the state university of New York pursuant to  agreement  with
the  state university construction fund created by section three hundred
seventy-one of the education law.
  (B) PRIOR TO CONTRACT AWARD, TO ENSURE THAT EACH BIDDER  ON  A  PUBLIC
WORK  CONTRACT,  WHERE THE PREPARATION OF SEPARATE SPECIFICATIONS IS NOT
REQUIRED, SUBMIT WITH ITS BID A SEPARATE SEALED  LIST  THAT  NAMES  EACH
SUBCONTRACTOR  THAT THE BIDDER WILL USE TO PERFORM WORK ON THE CONTRACT,
AND THE AGREED-UPON AMOUNT TO BE PAID TO EACH, FOR: (I) PLUMBING AND GAS
FITTING, (II) STEAM HEATING, HOT  WATER  HEATING,  VENTILATING  AND  AIR
CONDITIONING  APPARATUS  AND (III) ELECTRIC WIRING STANDARD ILLUMINATING
FIXTURES. AFTER THE LOW BID IS ANNOUNCED, THE SEALED LIST OF SUBCONTRAC-
TORS SUBMITTED WITH SUCH LOW BID SHALL BE OPENED AND THE NAMES  OF  SUCH
SUBCONTRACTORS  SHALL BE ANNOUNCED, AND THEREAFTER ANY CHANGE OF SUBCON-
TRACTOR OR AGREED-UPON AMOUNT TO BE  PAID  TO  EACH  SHALL  REQUIRE  THE
APPROVAL  OF  THE  PUBLIC  OWNER, UPON A SHOWING PRESENTED TO THE PUBLIC
OWNER OF LEGITIMATE CONSTRUCTION NEED FOR SUCH CHANGE,  WHICH  SHALL  BE
OPEN TO PUBLIC INSPECTION. LEGITIMATE CONSTRUCTION NEED SHALL BE LIMITED
TO, A CHANGE IN PROJECT SPECIFICATIONS, A CHANGE IN CONSTRUCTION MATERI-
AL  COSTS,  A  CHANGE  TO SUBCONTRACTOR STATUS AS DETERMINED PURSUANT TO
PARAGRAPH (E) OF SUBDIVISION TWO OF SECTION TWO  HUNDRED  TWENTY-TWO  OF
THE  LABOR  LAW,  OR  THE  SUBCONTRACTOR HAS BECOME OTHERWISE UNWILLING,
UNABLE OR UNAVAILABLE TO PERFORM THE SUBCONTRACT. THE  SEALED  LISTS  OF
SUBCONTRACTORS  SUBMITTED BY ALL OTHER BIDDERS SHALL BE RETURNED TO THEM
UNOPENED AFTER THE CONTRACT AWARD.
  (C) TO SELL, CONVEY, LEASE, SUBLEASE OR OTHERWISE  TRANSFER  ANY  REAL
PROPERTY  OR INTEREST THEREIN HELD BY THE AUTHORITY TO ANY PERSON, FIRM,
ASSOCIATION, CORPORATION OR AGENCY, INCLUDING A  PUBLIC  BODY,  FOR  THE
PURPOSE  OF  CONSTRUCTING  OR  OTHERWISE  PROVIDING THEREON A STRUCTURE,
PROVIDED THAT, SIMULTANEOUSLY THEREWITH, THE AUTHORITY  ENTERS  INTO  AN
AGREEMENT  FOR  THE  RECONVEYANCE,  PURCHASE,  LEASE,  SUBLEASE OR OTHER
ACQUISITION OF THE FACILITIES TO BE CONTAINED IN SUCH STRUCTURES.
  ANY CONTRACT UNDERTAKEN OR FINANCED BY THE DORMITORY AUTHORITY FOR ANY
CONSTRUCTION, RECONSTRUCTION,  REHABILITATION  OR  IMPROVEMENT  FOR  ANY
FACILITIES  OR  COMBINED  OCCUPANCY  STRUCTURES  SHALL  COMPLY  WITH THE

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PROVISIONS OF SECTION ONE HUNDRED ONE  AND  ONE  HUNDRED  THREE  OF  THE
GENERAL MUNICIPAL LAW, AND SECTION TWO HUNDRED TWENTY OF THE LABOR LAW;
  S  3.  This  act  shall take effect on the sixtieth day after it shall
have become a law.