| Date of Action |
Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|---|---|
| Jan 04, 2012 |
referred to local government |
| May 03, 2011 |
referred to local government |
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Senate Bill S5217
2011-2012 Legislative Session
Relates to specifications for public works contracts
download bill text pdfSponsored By
(R, C) 7th Senate District
Archive: Last Bill Status - In Senate Committee Local Government Committee
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
2011-S5217 (ACTIVE) - Details
- Current Committee:
- Senate Local Government
- Law Section:
- General Municipal Law
- Laws Affected:
- Amd §§101 & 120-w, Gen Muni L; amd §135, St Fin L; amd §151-a, Pub Hous L; amd §§458 & 482, Ed L; amd §§1045-i, 1048-i, 3303, 3402, 3603 & 3628, Pub Auth L; amd §4, Chap 560 of 1980; amd §9, Chap 892 of 1971; amd §222, Lab L
2011-S5217 (ACTIVE) - Sponsor Memo
BILL NUMBER:S5217
TITLE OF BILL:
An act
to amend the general municipal law, the state finance law, the public
housing law, the education law, the public authorities law, the labor
law, chapter 560 of the laws of 1980 authorizing the city of New York to
adopt a solid waste management law and chapter 892 of the laws of 1971
amending the public authorities law and other laws relating to enabling
the dormitory authority to construct and finance dormitories, in
relation to separate specifications for public works contracts
SUMMARY OF PROVISIONS:
Section one of this bill amends subdivisions 1 and 5 of General
Municipal Law §101 to provide that in the case of contracts for the
erection, construction, reconstruction or alteration of buildings,
either (1) the person or entity charged with preparing specifications
or awarding or entering into such contracts shall prepare separate
specifications for plumbing and gas fitting, storm heating, hot water
heating, ventilating and air conditioning apparatus, and electric
wiring and standard illuminating fixtures, or (2) each bidder on the
public work shall submit a separate sealed list of the subcontractors
that the bidder will used to perform the work on the contract and the
agreed-upon amount to be paid to each for plumbing and gas fitting,
storm heating, hot water heating, ventilating and air conditioning
apparatus, and electric wiring and standard illuminating fixtures,
and in such case, the public work contract shall require each
contractor and subcontractor to participate in apprentice training
programs.
Sections two through fourteen of the bill make similar amendments to
the State Finance Law, the Public Housing Law, the Education Law, the
Public Authorities Law, chapter 560 of the laws of 1980 authorizing
the city of New York to adopt a solid waste management law, and
chapter 892 of the laws of 1971 amending the public authorities law
and other laws relating to enabling the dormitory authority to
construct and finance dormitories.
REASONS FOR SUPPORT:
Within New York City, the Wicks Law now requires the preparation of
separate specifications for the electrical, plumbing and HVAC
components of public works contracts valued over $3 million, except
where a project labor agreement is in effect. This threshold, enacted
in 2008, represents a substantial increase over the prior threshold
of $50,000. Since the adoption of the new Wicks Law thresholds, New
York City has entered into six project labor agreements
("PLAs") with the Building and Construction Trades Council of New York
City, pursuant to which the City projects savings of more than 300
million dollars for taxpayers. Economic studies conducted to support
these PLAs estimated that savings attributable to the lifting of
Wicks Law restrictions would amount to approximately 10.35% of total
project costs.
While PLAs thus show great promise for achieving savings, such
agreements may not be feasible for all of the City's significant
public works projects. For large new construction projects, all of
the potential bidders are already affiliated with the Building and
Construction Trades Council. As the economy and the construction
industry recover, unions may decline to enter into PLAs for some or
all of those new construction projects. All such work would, however,
remain subject to the City's policy directive requiring bidders to
demonstrate that they offer apprenticeship programs approved by the
State Department of Labor {with at least three years of successful
experience). Eliminating Wicks Law restrictions for these projects
would allow the City to capture significant savings opportunities,
while in no way diminishing the commitment to union labor.
Accordingly, the Mayor urges the earliest possible favorable
consideration of this proposal by the Legislature.
2011-S5217 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K
________________________________________________________________________
5217
2011-2012 Regular Sessions
I N S E N A T E
May 3, 2011
___________
Introduced by Sen. MARTINS -- read twice and ordered printed, and when
printed to be committed to the Committee on Local Government
AN ACT to amend the general municipal law, the state finance law, the
public housing law, the education law, the public authorities law, the
labor law, chapter 560 of the laws of 1980 authorizing the city of New
York to adopt a solid waste management law and chapter 892 of the laws
of 1971 amending the public authorities law and other laws relating to
enabling the dormitory authority to construct and finance dormitories,
in relation to separate specifications for public works contracts
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivisions 1 and 5 of section 101 of the general munici-
pal law, subdivision 1 as amended and subdivision 5 as added by section
1 of part MM of chapter 57 of the laws of 2008, are amended to read as
follows:
1. Except as otherwise provided in section two hundred twenty-two of
the labor law, every officer, board or agency of a political subdivision
or of any district therein, charged with the duty of preparing specifi-
cations or awarding or entering into contracts for the erection,
construction, reconstruction or alteration of buildings[, when the
entire cost of such public work shall exceed three million dollars in
the counties of the Bronx, Kings, New York, Queens, and Richmond; one
million five hundred thousand dollars in the counties of Nassau, Suffolk
and Westchester; and five hundred thousand dollars in all other counties
within the state,] shall prepare separate specifications for the follow-
ing three subdivisions of the work to be performed UNLESS A BIDDER
SATISFIES THE REQUIREMENTS OF SUBDIVISION FIVE OF THIS SECTION:
a. Plumbing and gas fitting;
b. Steam heating, hot water heating, ventilating and air conditioning
apparatus; and
c. Electric wiring and standard illuminating fixtures.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11342-01-1
S. 5217 2 5. Each bidder on a public work contract, where [the preparation of] separate specifications [is not required] ARE NOT PREPARED PURSUANT TO SUBDIVISION ONE OF THIS SECTION OR ARE NOT REQUIRED TO BE PREPARED PURSUANT TO SECTION TWO HUNDRED TWENTY-TWO OF THE LABOR LAW, 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: (a) plumbing and gas fitting, (b) steam heating, hot water heating, ventilating and air conditioning apparatus and (c) electric wiring and standard illuminating fixtures; AND SUCH PUBLIC WORK CONTRACT SHALL REQUIRE EACH CONTRACTOR AND SUBCONTRACTOR TO PARTICIPATE IN APPRENTICE TRAINING PROGRAMS IN THE TRADES OF WORK IT EMPLOYS THAT HAVE BEEN APPROVED BY THE DEPARTMENT FOR NOT LESS THAN THREE YEARS AND SHALL HAVE GRADUATED AT LEAST ONE APPREN- TICE IN THE LAST THREE YEARS AND SHALL HAVE AT LEAST ONE APPRENTICE CURRENTLY ENROLLED IN SUCH APPRENTICESHIP TRAINING PROGRAM. After the low bid is 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 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 include, but not be limited to, a change in project specifications, a change in construction material 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. S 2. Paragraphs (b) and (b-1) of subdivision 7 of section 120-w of the general municipal law, paragraph (b) as amended and paragraph (b-1) as added by section 2 of part MM of chapter 57 of the laws of 2008, are amended to read as follows: (b) Except as otherwise provided in section two hundred twenty-two of the labor law[, when the entire cost of constructing such building shall exceed three million dollars in the counties of the Bronx, Kings, New York, Queens, and Richmond; one million five hundred thousand dollars in the counties of Nassau, Suffolk and Westchester; and five hundred thou- sand dollars in all other counties within the state,] the project devel- oper shall prepare separate specifications for the following subdivi- sions of such work, so as to permit separate and independent bidding upon each subdivision UNLESS A BIDDER SATISFIES THE REQUIREMENTS OF PARAGRAPH (B-1) OF THIS SUBDIVISION: (i) plumbing and gas fittings; (ii) steam heating, hot water heating, ventilating and air condition- ing apparatus; and (iii) electric wiring and standard illuminating fixtures. (b-1) Each bidder on a public work contract, where [the preparation of] separate specifications [is not required] ARE NOT PREPARED PURSUANT TO PARAGRAPH (B) OF THIS SUBDIVISION OR ARE NOT REQUIRED TO BE PREPARED PURSUANT TO SECTION TWO HUNDRED TWENTY-TWO OF THE LABOR LAW, 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 illuminat- S. 5217 3 ing fixtures; AND SUCH PUBLIC WORK CONTRACT SHALL REQUIRE EACH CONTRAC- TOR AND SUBCONTRACTOR TO PARTICIPATE IN APPRENTICE TRAINING PROGRAMS IN THE TRADES OF WORK IT EMPLOYS THAT HAVE BEEN APPROVED BY THE DEPARTMENT FOR NOT LESS THAN THREE YEARS AND SHALL HAVE GRADUATED AT LEAST ONE APPRENTICE IN THE LAST THREE YEARS AND SHALL HAVE AT LEAST ONE APPREN- TICE CURRENTLY ENROLLED IN SUCH APPRENTICESHIP TRAINING PROGRAM. After the low bid is 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 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 include, but not be limited to, a change in project specifications, a change in construction material 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. S 3. Section 135 of the state finance law, as amended by section 3 of part MM of chapter 57 of the laws of 2008, is amended to read as follows: S 135. Separate specifications for contract work for the state. 1. Except as otherwise provided in section two hundred twenty-two of the labor law, every officer, board, department, commission or commissions, charged with the duty of preparing specifications or awarding or enter- ing into contracts for the erection, construction or alteration of buildings, for the state[, when the entire cost of such work shall exceed three million dollars in the counties of the Bronx, Kings, New York, Queens, and Richmond; one million five hundred thousand dollars in the counties of Nassau, Suffolk and Westchester; and five hundred thou- sand dollars in all other counties within the state,] must have prepared separate specifications for each of the following three subdivisions of the work to be performed UNLESS A BIDDER SATISFIES THE REQUIREMENTS OF SUBDIVISION THREE OF THIS SECTION: [1.] A. Plumbing and gas fitting. [2.] B. Steam heating, hot water heating, ventilating and air condi- tioning apparatus. [3.] C. Electric wiring and standard illuminating fixtures. 2. Such specifications must be so drawn as to permit separate and independent bidding upon each of the above three subdivisions of work. All contracts hereafter awarded by the state or a department, board, commissioner or officer thereof, for the erection, construction or alteration of buildings, or any part thereof, shall award the three subdivisions of the above specified work separately to responsible and reliable persons, firms or corporations engaged in these classes of work. A contract for one or more buildings in any project shall be awarded to the lowest responsible bidder for all the buildings included in the specifications. 3. Each bidder on a public work contract, where [the preparation of] separate specifications [is not required] ARE NOT PREPARED PURSUANT TO SUBDIVISION ONE OF THIS SECTION OR ARE NOT REQUIRED TO BE PREPARED PURSUANT TO SECTION TWO HUNDRED TWENTY-TWO OF THE LABOR LAW, 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 S. 5217 4 agreed-upon amount to be paid to each, for: (a) plumbing and gas fitting, (b) steam heating, hot water heating, ventilating and air conditioning apparatus and (c) electric wiring and standard illuminating fixtures; AND SUCH PUBLIC WORK CONTRACT SHALL REQUIRE EACH CONTRACTOR AND SUBCONTRACTOR TO PARTICIPATE IN APPRENTICE TRAINING PROGRAMS IN THE TRADES OF WORK IT EMPLOYS THAT HAVE BEEN APPROVED BY THE DEPARTMENT FOR NOT LESS THAN THREE YEARS AND SHALL HAVE GRADUATED AT LEAST ONE APPREN- TICE IN THE LAST THREE YEARS AND SHALL HAVE AT LEAST ONE APPRENTICE CURRENTLY ENROLLED IN SUCH APPRENTICESHIP TRAINING PROGRAM. After the low bid is 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 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 include, but not be limited to, a change in project specifications, a change in construction material 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. 4. Nothing in this section shall be construed to prevent the authori- ties in charge of any state building, from performing any such branches of work by or through their regular employees, or in the case of public institutions, by the inmates thereof. S 4. Subdivisions 1 and 2-a of section 151-a of the public housing law, subdivision 1 as amended and subdivision 2-a as added by section 4 of part MM of chapter 57 of the laws of 2008, are amended to read to as follows: 1. Notwithstanding any inconsistent provision of this chapter or any other general, special or local law, except as otherwise provided in section two hundred twenty-two of the labor law, any authority or muni- cipality, or any officer, board, department, commission or other agency thereof charged with the duty of preparing specifications or awarding or entering into contracts involving the erection, construction, recon- struction or alteration of any building or other appurtenance as a part of or in connection with a project or any part thereof in any part of the state under or pursuant to the authority of this chapter[, when the entire cost of such work shall exceed three million dollars in the coun- ties of the Bronx, Kings, New York, Queens, and Richmond; one million five hundred thousand dollars in the counties of Nassau, Suffolk and Westchester; and five hundred thousand dollars in all other counties within the state,] must have prepared separate specifications for the following three subdivisions of the work to be performed UNLESS A BIDDER SATISFIES THE REQUIREMENTS OF SUBDIVISION TWO-A OF THIS SECTION: a. Plumbing and gas fitting; b. Steam heating, hot water heating, ventilating and air conditioning apparatus; and c. Electric wiring and standard illuminating fixtures. 2-a. Each bidder on a public work contract, where [the preparation of] separate specifications [is not required] ARE NOT PREPARED PURSUANT TO SUBDIVISION ONE OF THIS SECTION OR ARE NOT REQUIRED TO BE PREPARED PURSUANT TO SECTION TWO HUNDRED TWENTY-TWO OF THE LABOR LAW, shall submit with its bid a separate sealed list that names each subcontractor S. 5217 5 that the bidder will use to perform work on the contract, and the agreed-upon amount to be paid to each, for: a. plumbing and gas fitting, b. steam heating, hot water heating, ventilating and air conditioning apparatus and c. electric wiring and standard illuminating fixtures; AND SUCH PUBLIC WORK CONTRACT SHALL REQUIRE EACH CONTRACTOR AND SUBCON- TRACTOR TO PARTICIPATE IN APPRENTICE TRAINING PROGRAMS IN THE TRADES OF WORK IT EMPLOYS THAT HAVE BEEN APPROVED BY THE DEPARTMENT FOR NOT LESS THAN THREE YEARS AND SHALL HAVE GRADUATED AT LEAST ONE APPRENTICE IN THE LAST THREE YEARS AND SHALL HAVE AT LEAST ONE APPRENTICE CURRENTLY ENROLLED IN SUCH APPRENTICESHIP TRAINING PROGRAM. After the low bid is 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 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 include, but not be limited to, a change in project specifications, a change in construction material 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 unavail- able 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 5. The opening paragraph of subdivision 2 and subdivision 2-a of section 458 of the education law, the opening paragraph of subdivision 2 as amended and subdivision 2-a as added by section 5 of part MM of chap- ter 57 of the laws of 2008, are amended to read as follows: Except as otherwise provided in section two hundred twenty-two of the labor law, every contract, lease or other agreement entered into by or on behalf of the fund for the acquisition, lease, construction, recon- struction, rehabilitation or improvement of the school portion of the work in any combined occupancy structure shall contain a provision that[, when the entire cost of any such contemplated construction, reconstruction, rehabilitation or improvement for the school portion of the work shall exceed three million dollars in the counties of the Bronx, Kings, New York, Queens, and Richmond; one million five hundred thousand dollars in the counties of Nassau, Suffolk and Westchester; and five hundred thousand dollars in all other counties within the state,] separate specifications shall be prepared for the following three subdi- visions of the work on the school portion to be performed UNLESS A BIDDER SATISFIES THE REQUIREMENTS OF SUBDIVISION TWO-A OF THIS SECTION: 2-a. Each bidder on a public work contract, where [the preparation of] separate specifications [is not required] ARE NOT PREPARED PURSUANT TO SUBDIVISION TWO OF THIS SECTION OR ARE NOT REQUIRED TO BE PREPARED PURSUANT TO SECTION TWO HUNDRED TWENTY-TWO OF THE LABOR LAW, 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: a. plumbing and gas fitting, b. steam heating, hot water heating, ventilating and air conditioning apparatus and c. electric wiring and standard illuminating fixtures; AND SUCH PUBLIC WORK CONTRACT SHALL REQUIRE EACH CONTRACTOR AND SUBCON- TRACTOR TO PARTICIPATE IN APPRENTICE TRAINING PROGRAMS IN THE TRADES OF WORK IT EMPLOYS THAT HAVE BEEN APPROVED BY THE DEPARTMENT FOR NOT LESS THAN THREE YEARS AND SHALL HAVE GRADUATED AT LEAST ONE APPRENTICE IN THE LAST THREE YEARS AND SHALL HAVE AT LEAST ONE APPRENTICE CURRENTLY S. 5217 6 ENROLLED IN SUCH APPRENTICESHIP TRAINING PROGRAM. After the low bid is 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 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 include, but not be limited to, a change in project specifications, a change in construction material 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 unavail- able 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 6. The opening paragraph of subdivision 2 and subdivision 2-a of section 482 of the education law, the opening paragraph of subdivision 2 as amended and subdivision 2-a as added by section 6 of part MM of chap- ter 57 of the laws of 2008, are amended to read as follows: Except as otherwise provided in section two hundred twenty-two of the labor law, every contract, lease or other agreement entered into by or on behalf of the fund for the acquisition, lease, construction, recon- struction, rehabilitation or improvement of any combined occupancy structure shall contain a provision that[, when the entire cost of any such contemplated construction, reconstruction, rehabilitation or improvement shall exceed three million dollars in the counties of the Bronx, Kings, New York, Queens, and Richmond; one million five hundred thousand dollars in the counties of Nassau, Suffolk and Westchester; and five hundred thousand dollars in all other counties within the state,] separate specifications shall be prepared for the following three subdi- visions of the work to be performed UNLESS A BIDDER SATISFIES THE REQUIREMENTS OF SUBDIVISION TWO-A OF THIS SECTION: 2-a. Each bidder on a public work contract, where [the preparation of] separate specifications [is not required] ARE NOT PREPARED PURSUANT TO SUBDIVISION TWO OF THIS SECTION OR ARE NOT REQUIRED TO BE PREPARED PURSUANT TO SECTION TWO HUNDRED TWENTY-TWO OF THE LABOR LAW, 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: a. plumbing and gas fitting, b. steam heating, hot water heating, ventilating and air conditioning apparatus and c. electric wiring and standard illuminating fixtures; AND SUCH PUBLIC WORK CONTRACT SHALL REQUIRE EACH CONTRACTOR AND SUBCON- TRACTOR TO PARTICIPATE IN APPRENTICE TRAINING PROGRAMS IN THE TRADES OF WORK IT EMPLOYS THAT HAVE BEEN APPROVED BY THE DEPARTMENT FOR NOT LESS THAN THREE YEARS AND SHALL HAVE GRADUATED AT LEAST ONE APPRENTICE IN THE LAST THREE YEARS AND SHALL HAVE AT LEAST ONE APPRENTICE CURRENTLY ENROLLED IN SUCH APPRENTICESHIP TRAINING PROGRAM. After the low bid is 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 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 include, but not be limited to, a change in project specifications, a change in construction material costs, a change to subcontractor status as determined pursuant to paragraph (e) S. 5217 7 of subdivision two of section two hundred twenty-two of the labor law, or the subcontractor has become otherwise unwilling, unable or unavail- able 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 7. Subdivisions 2 and 2-a of section 1045-i of the public authori- ties law, subdivision 2 as amended and subdivision 2-a as added by section 7 of part MM of chapter 57 of the laws of 2008, are amended to read as follows: 2. Any such agreements (i) shall describe in sufficient detail for reasonable identification the particular water project to be financed in whole or in part by the authority, (ii) shall describe the plan for the financing of the cost of the construction of such water project, includ- ing the amount, if any, to be provided by the water board and the source or sources thereof, (iii) shall set forth the method by which and by whom and the terms and conditions upon which moneys provided by the authority shall be disbursed, (iv) may require, in the discretion of the authority, the payment to the authority of the proceeds of any state and federal grants available to the water board, (v) shall provide for the establishment of user fees, rates, rents and other charges and the charging and collection thereof by the water board for the use of, or services furnished, rendered or made available by such system such as to provide that such board receive revenues at least sufficient, together with other revenues of the board, if any, to meet the requirements of subdivision one of section one thousand forty-five-j of this title, provided that revenues received by such board shall be deposited in a special fund established pursuant to this title and disbursed to, and upon certification of, the authority, (vi) may provide for the transfer by the city to the water board pursuant to section one thousand forty- five-h of this title of ownership of the sewerage system or water system, or both, as the case may be, of which such project will form a part by the city, (vii) shall provide for the construction and completion of such water project by the city and for the operation, maintenance and repair thereof as an integrated part of the system of which such water project forms a part, subject to such terms and condi- tions, not inconsistent with this title, which may be in the public interest and necessary or desirable properly and adequately to secure the holders of bonds of the authority, provided, however, all contracts for public work and all purchase contracts shall be awarded by the city as provided by law for the award of such contracts by the city and that all contracts for construction shall be let in accordance with the provisions of state law pertaining to prevailing wages, labor standards and working hours. Except as otherwise provided in section two hundred twenty-two of the labor law, [when the entire cost of constructing a building as part of any water project shall exceed three million dollars,] the city shall prepare separate specifications for the follow- ing three subdivisions of the work to be performed UNLESS A BIDDER SATISFIES THE REQUIREMENTS OF SUBDIVISION TWO-A OF THIS SECTION: (a) plumbing and gas fitting; (b) steam heating, hot water heating, venti- lating and air conditioning apparatus; and (c) electric wiring and stan- dard illuminating fixtures, (viii) shall provide for the discontinuance or disconnection of the supply of water or the provision of sewerage service, or both, as the case may be, for non-payment of fees, rates, rents or other charges therefor imposed by the water board, provided such discontinuance or disconnection of any supply of water or the provision of sewerage service, or both, as the case may be, shall not be S. 5217 8 carried out except in the manner and upon the notice as is required of a waterworks corporation pursuant to subdivisions three-a, three-b and three-c of section eighty-nine-b and section one hundred sixteen of the public service law, and (ix) in the discretion of the authority, require reports concerning the project from the water board to the authority and the city. 2-a. Each bidder on a public work contract, where [the preparation of] separate specifications [is not required] ARE NOT PREPARED PURSUANT TO SUBDIVISION TWO OF THIS SECTION OR ARE NOT REQUIRED TO BE PREPARED PURSUANT TO SECTION TWO HUNDRED TWENTY-TWO OF THE LABOR LAW, 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: (a) plumbing and gas fitting, (b) steam heating, hot water heating, ventilating and air conditioning apparatus and (c) electric wiring and standard illuminating fixtures; AND SUCH PUBLIC WORK CONTRACT SHALL REQUIRE EACH CONTRACTOR AND SUBCONTRACTOR TO PARTICIPATE IN APPRENTICE TRAINING PROGRAMS IN THE TRADES OF WORK IT EMPLOYS THAT HAVE BEEN APPROVED BY THE DEPARTMENT FOR NOT LESS THAN THREE YEARS AND SHALL HAVE GRADUATED AT LEAST ONE APPREN- TICE IN THE LAST THREE YEARS AND SHALL HAVE AT LEAST ONE APPRENTICE CURRENTLY ENROLLED IN SUCH APPRENTICESHIP TRAINING PROGRAM. After the low bid is 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 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 include, but not be limited to, a change in project specifications, a change in construction material 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. S 8. Subdivisions 2 and 2-a of section 1048-i of the public authori- ties law, subdivision 2 as amended and subdivision 2-a as added by section 8 of part MM of chapter 57 of the laws of 2008, are amended to read as follows: 2. Any such agreements (i) shall describe in sufficient detail for reasonable identification the particular water project to be financed in whole or in part by the authority, (ii) shall describe the plan for the financing of the cost of the construction of such water project, includ- ing the amount, if any, to be provided by the water board and the source or sources thereof, (iii) shall set forth the method by which and by whom and the terms and conditions upon which moneys provided by the authority shall be disbursed, (iv) may require, in the discretion of the authority, the payment to the authority of the proceeds of any state and federal grants available to the water board, (v) shall provide for the establishment of user fees, rates, rents and other charges and the charging and collection thereof by the water board for the use of, or services furnished, rendered or made available by such system such as to provide that such board receive revenues at least sufficient, together with other revenues of the board, if any, to meet the requirements of subdivision one of section one thousand forty-eight-j of this title, provided that revenues received by such board shall be deposited in a S. 5217 9 special fund established pursuant to this title and disbursed to, and upon certification of, the authority, (vi) may provide for the transfer by the city to the water board pursuant to section one thousand forty- eight-h of this title of ownership of the water system of which such project will form a part, (vii) shall provide for the construction and completion of such water project by the city and for the operation, maintenance and repair thereof as an integrated part of the system of which such water project forms a part, subject to such terms and condi- tions, not inconsistent with this title, which may be in the public interest and necessary or desirable properly and adequately to secure the holders of bonds of the authority, provided, however, all contracts for public work and all purchase contracts shall be awarded by the city as provided by law for the award of such contracts by the city and that all contracts for construction shall be let in accordance with the provisions of state law pertaining to prevailing wages, labor standards and working hours. Except as otherwise provided in section two hundred twenty-two of the labor law, [when the entire cost of constructing a building as part of any water project shall exceed five hundred thousand dollars,] the city shall prepare separate specifications for the follow- ing three subdivisions of the work to be performed UNLESS A BIDDER SATISFIES THE REQUIREMENTS OF SUBDIVISION TWO-A OF THIS SECTION: (a) plumbing and gas fitting; (b) steam heating, hot water heating, venti- lating and air conditioning apparatus; and (c) electric wiring and stan- dard illuminating fixtures, (viii) shall provide for the discontinuance or disconnection of the supply of water for non-payment of fees, rates, rents or other charges therefor imposed by the water board, provided such discontinuance or disconnection of any supply of water shall not be carried out except in the manner and upon the notice as is required of a waterworks corporation pursuant to subdivisions three-a, three-b and three-c of section eighty-nine-b and section one hundred sixteen of the public service law, and (ix) in the discretion of the authority, require reports concerning the project from the water board to the authority and the city. 2-a. Each bidder on a public work contract, where [the preparation of] separate specifications [is not required] ARE NOT PREPARED PURSUANT TO SUBDIVISION TWO OF THIS SECTION OR ARE NOT REQUIRED TO BE PREPARED PURSUANT TO SECTION TWO HUNDRED TWENTY-TWO OF THE LABOR LAW, 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: (a) plumbing and gas fitting, (b) steam heating, hot water heating, ventilating and air conditioning apparatus and (c) electric wiring and standard illuminating fixtures; AND SUCH PUBLIC WORK CONTRACT SHALL REQUIRE EACH CONTRACTOR AND SUBCONTRACTOR TO PARTICIPATE IN APPRENTICE TRAINING PROGRAMS IN THE TRADES OF WORK IT EMPLOYS THAT HAVE BEEN APPROVED BY THE DEPARTMENT FOR NOT LESS THAN THREE YEARS AND SHALL HAVE GRADUATED AT LEAST ONE APPREN- TICE IN THE LAST THREE YEARS AND SHALL HAVE AT LEAST ONE APPRENTICE CURRENTLY ENROLLED IN SUCH APPRENTICESHIP TRAINING PROGRAM. After the low bid is 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 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 include, but not be limited to, a change in project specifications, a change in construction S. 5217 10 material 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. S 9. Paragraphs (b) and (c-1) of subdivision 10 of section 3303 of the public authorities law, paragraph (b) as amended and paragraph (c-1) as added by section 9 of part MM of chapter 57 of the laws of 2008, are amended to read as follows: (b) Except as otherwise provided in section two hundred twenty-two of the labor law, [when the entire cost of constructing such building, exclusive of any medical equipment, apparatus or devices, shall exceed one million five hundred thousand dollars,] the project developer shall prepare separate specifications for the following subdivisions of such work, so as to permit separate and independent bidding upon each subdi- vision: (i) plumbing and gas fittings; (ii) steam heating, hot water heating, ventilating and air condition- ing apparatus; and (iii) electric wiring and standard illuminating fixtures. (c-1) Each bidder on a public work contract, where [the preparation of] separate specifications [is not required] ARE NOT PREPARED PURSUANT TO PARAGRAPH (B) OF THIS SUBDIVISION OR ARE NOT REQUIRED TO BE PREPARED PURSUANT TO SECTION TWO HUNDRED TWENTY-TWO OF THE LABOR LAW, 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 illuminat- ing fixtures; AND SUCH PUBLIC WORK CONTRACT SHALL REQUIRE EACH CONTRAC- TOR AND SUBCONTRACTOR TO PARTICIPATE IN APPRENTICE TRAINING PROGRAMS IN THE TRADES OF WORK IT EMPLOYS THAT HAVE BEEN APPROVED BY THE DEPARTMENT FOR NOT LESS THAN THREE YEARS AND SHALL HAVE GRADUATED AT LEAST ONE APPRENTICE IN THE LAST THREE YEARS AND SHALL HAVE AT LEAST ONE APPREN- TICE CURRENTLY ENROLLED IN SUCH APPRENTICESHIP TRAINING PROGRAM. After the low bid is 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 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 include, but not be limited to, a change in project specifications, a change in construction material 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. S 10. Paragraphs (b) and (c-1) of subdivision 9 of section 3402 of the public authorities law, paragraph (b) as amended and paragraph (c-1) as added by section 10 of part MM of chapter 57 of the laws of 2008, are amended to read as follows: (b) Except as otherwise provided in section two hundred twenty-two of the labor law, [when the entire cost of constructing such building, S. 5217 11 exclusive of any medical equipment, apparatus or devices, shall exceed one million five hundred thousand dollars,] the project developer shall prepare separate specifications for the following subdivisions of such work, so as to permit separate and independent bidding upon each subdi- vision: (i) plumbing and gas fittings; (ii) steam heating, hot water heating, ventilating and air condition- ing apparatus; and (iii) electric wiring and standard illuminating fixtures. (c-1) Each bidder on a public work contract, where [the preparation of] separate specifications [is not required] ARE NOT PREPARED PURSUANT TO PARAGRAPH (B) OF THIS SUBDIVISION OR ARE NOT REQUIRED TO BE PREPARED PURSUANT TO SECTION TWO HUNDRED TWENTY-TWO OF THE LABOR LAW, 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 illuminat- ing fixtures; AND SUCH PUBLIC WORK CONTRACT SHALL REQUIRE EACH CONTRAC- TOR AND SUBCONTRACTOR TO PARTICIPATE IN APPRENTICE TRAINING PROGRAMS IN THE TRADES OF WORK IT EMPLOYS THAT HAVE BEEN APPROVED BY THE DEPARTMENT FOR NOT LESS THAN THREE YEARS AND SHALL HAVE GRADUATED AT LEAST ONE APPRENTICE IN THE LAST THREE YEARS AND SHALL HAVE AT LEAST ONE APPREN- TICE CURRENTLY ENROLLED IN SUCH APPRENTICESHIP TRAINING PROGRAM. After the low bid is 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 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 include, but not be limited to, a change in project specifications, a change in construction material 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. S 11. Paragraphs (b) and (c-1) of subdivision 9 of section 3603 of the public authorities law, paragraph (b) as amended and paragraph (c-1) as added by section 11 of part MM of chapter 57 of the laws of 2008, are amended to read as follows: (b) Except as otherwise provided in section two hundred twenty-two of the labor law, [when the entire cost of constructing such building, exclusive of any medical equipment, apparatus or devices, shall exceed five hundred thousand dollars,] the project developer shall prepare separate specifications for the following subdivisions of such work, so as to permit separate and independent bidding upon each subdivision: (i) plumbing and gas fittings; (ii) steam heating, hot water heating, ventilating and air condition- ing apparatus; and (iii) electric wiring and standard illuminating fixtures. (c-1) Each bidder on a public work contract, where [the preparation of] separate specifications [is not required] ARE NOT PREPARED PURSUANT TO PARAGRAPH (B) OF THIS SUBDIVISION OR ARE NOT REQUIRED TO BE PREPARED PURSUANT TO SECTION TWO HUNDRED TWENTY-TWO OF THE LABOR LAW, shall S. 5217 12 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 illuminat- ing fixtures; AND SUCH PUBLIC WORK CONTRACT SHALL REQUIRE EACH CONTRAC- TOR AND SUBCONTRACTOR TO PARTICIPATE IN APPRENTICE TRAINING PROGRAMS IN THE TRADES OF WORK IT EMPLOYS THAT HAVE BEEN APPROVED BY THE DEPARTMENT FOR NOT LESS THAN THREE YEARS AND SHALL HAVE GRADUATED AT LEAST ONE APPRENTICE IN THE LAST THREE YEARS AND SHALL HAVE AT LEAST ONE APPREN- TICE CURRENTLY ENROLLED IN SUCH APPRENTICESHIP TRAINING PROGRAM. After the low bid is 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 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 include, but not be limited to, a change in project specifications, a change in construction material 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. S 12. Paragraphs (b) and (c-1) of subdivision 11 of section 3628 of the public authorities law, paragraph (b) as amended and paragraph (c-1) as added by section 12 of part MM of chapter 57 of the laws of 2008, are amended to read as follows: (b) Except as otherwise provided in section two hundred twenty-two of the labor law, [when the entire cost of constructing such building, exclusive of any medical equipment, apparatus, or devices, exceeds five hundred thousand dollars,] the project developer shall prepare separate specifications for the following subdivisions of such work, so as to permit separate and independent bidding upon each subdivision: (i) plumbing and gas fittings; (ii) steam heating, hot water heating, ventilating, and air condition- ing apparatus; and (iii) electric wiring and standard illuminating fixtures. (c-1) Each bidder on a public work contract, where [the preparation of] separate specifications [is not required] ARE NOT PREPARED PURSUANT TO PARAGRAPH (B) OF THIS SUBDIVISION OR ARE NOT REQUIRED TO BE PREPARED PURSUANT TO SECTION TWO HUNDRED TWENTY-TWO OF THE LABOR LAW, 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 illuminat- ing fixtures; AND SUCH PUBLIC WORK CONTRACT SHALL REQUIRE EACH CONTRAC- TOR AND SUBCONTRACTOR TO PARTICIPATE IN APPRENTICE TRAINING PROGRAMS IN THE TRADES OF WORK IT EMPLOYS THAT HAVE BEEN APPROVED BY THE DEPARTMENT FOR NOT LESS THAN THREE YEARS AND SHALL HAVE GRADUATED AT LEAST ONE APPRENTICE IN THE LAST THREE YEARS AND SHALL HAVE AT LEAST ONE APPREN- TICE CURRENTLY ENROLLED IN SUCH APPRENTICESHIP TRAINING PROGRAM. After the low bid is announced, the sealed list of subcontractors submitted with such low bid shall be opened and the names of such subcontractors S. 5217 13 shall be announced, and thereafter any change of subcontractor 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 include, but not be limited to, a change in project specifications, a change in construction material 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. S 13. Subdivision (c) of section 4 of chapter 560 of the laws of 1980, authorizing the city of New York to adopt a solid waste management law, as amended by section 13 of part MM of chapter 57 of the laws of 2008, is amended to read as follows: (c) Except as otherwise provided in section 222 of the labor law, every contract, lease or other agreement entered into, pursuant to this section, by the city of New York for construction, reconstruction, reha- bilitation or improvement of buildings for a solid waste recovery and management facility shall contain a provision that[, when the entire cost of such work shall exceed three million dollars,] separate specifi- cations shall be prepared for the following three subdivisions of work: (1) Plumbing and gas fitting; (2) Steam heating, hot water heating, ventilating and air conditioning apparatus; and (3) Electric wiring and standard illuminating fixtures. Such specifications shall be drawn to permit the letting of separate and independent contracts by the developer for each of these three subdivisions of work. The city of New York may, at its discretion, direct that such specifications include minimum qualifications for bidders with regard to licensing, bonding capacity, minority partic- ipation, and past performance on prior contracts. Every developer under- taking the construction, reconstruction, rehabilitation, or improvement of the buildings of a solid waste recovery and management facility pursuant to the provisions of its contract with the city of New York shall let separate contracts to the lowest responsible bidder for the three subdivisions of the above specified work, to any persons who are responsible and reliable bidders engaged in these classes of work. Any such contracts shall be contracts of the developer and not of the city of New York. The city of New York shall have no obligations or liabil- ities, whatsoever, thereunder. The developer shall have the responsibil- ity for supervision and coordination of work under such separate contracts. Each bidder on a public work contract, where [the preparation of] separate specifications [is not required] ARE NOT PREPARED PURSUANT TO THE OPENING PARAGRAPH OF THIS SUBDIVISION OR ARE NOT REQUIRED TO BE PREPARED PURSUANT TO SECTION 222 OF THE LABOR LAW, 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: (a) plumbing and gas fitting, (b) steam heating, hot water heating, ventilating and air conditioning apparatus and (c) electric wiring and standard illuminating fixtures; AND SUCH PUBLIC WORK CONTRACT SHALL REQUIRE EACH CONTRACTOR AND SUBCONTRACTOR TO PARTICIPATE IN APPRENTICE TRAINING PROGRAMS IN THE TRADES OF WORK IT EMPLOYS THAT HAVE BEEN APPROVED BY THE DEPARTMENT FOR NOT LESS THAN THREE YEARS AND S. 5217 14 SHALL HAVE GRADUATED AT LEAST ONE APPRENTICE IN THE LAST THREE YEARS AND SHALL HAVE AT LEAST ONE APPRENTICE CURRENTLY ENROLLED IN SUCH APPREN- TICESHIP TRAINING PROGRAM. After the low bid is 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 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 include, but not be limited to, a change in project specifications, a change in construction material costs, a change to subcontractor status as determined pursuant to paragraph (e) of subdivision 2 of section 222 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. The city of New York shall also have the right to reject any bidder not meeting the reasonable and justifiable qualifications that it has established for bidders. All qualified bidders engaged in the above specified work shall be entitled to bid and to receive, upon request, a copy of the plans and specifications. All such bids shall be delivered to such city and be opened publicly at a stated time and place, by a designated municipal employee. Notwithstanding any law or agreement that requires a bond or bonds, the city of New York shall in addition require, prior to the approval of any contract, lease, or agreement providing for the construction, recon- struction, rehabilitation, or improvement of any building for a solid waste recovery and management facility, that the developer, if other than the city of New York, furnish a bond guaranteeing prompt payment of moneys that are due to all persons furnishing labor or materials in the conduct of work provided for in such contract, lease, or other agree- ment. A copy of such payment bond shall be kept by the city and shall be open to public inspection. The requirements to subcontract, contained herein, shall not apply to the system to be used for receiving, processing, handling or storing waste, or the products and by-products derived therefrom, or materials used in such processing or handling of the system and any equipment or property involving proprietary or trade secrets. S 14. Section 9 of chapter 892 of the laws of 1971 amending the public authorities law and other laws relating to enabling the dormitory authority to construct and finance dormitories, building and health facilities, as amended by section 14 of part MM of chapter 57 of the laws of 2008, is amended to read as follows: S 9. Except as otherwise provided in section 222 of the labor law, the dormitory authority in awarding or entering into contracts for the erection, construction, reconstruction or alteration of buildings, pursuant to the provisions added by this act, [when the entire cost of such work shall exceed three million dollars in the counties of the Bronx, Kings, New York, Queens, and Richmond; one million five hundred thousand dollars in the counties of Nassau, Suffolk and Westchester; and five hundred thousand dollars in all other counties within the state,] shall prepare separate specifications for the following three subdivi- sions of the work to be performed: (a) Plumbing and gas fitting; (b) Steam heating, hot water heating, ventilating and air conditioning apparatus; and S. 5217 15 (c) Electric wiring and standard illuminating fixtures. Such specifications must be so drawn as to permit separate and inde- pendent bidding on each day of the above three subdivisions of work. All contracts awarded by the dormitory authority for the erection, construction, reconstruction or alteration of buildings, or any part thereof, pursuant to the provisions added by this act shall award the three subdivisions of the above specified work separately to responsible and reliable persons, firms or corporations engaged in these classes of work. A contract for one or more buildings in any project shall be awarded to the lowest responsible bidder for all the buildings included in the specifications. Each bidder on a public work contract, where [the preparation of] separate specifications [is not required] ARE NOT PREPARED PURSUANT TO THE OPENING PARAGRAPH OF THIS SECTION OR ARE NOT REQUIRED TO BE PREPARED PURSUANT TO SECTION 222 OF THE LABOR LAW, 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: (a) plumbing and gas fitting; (b) steam heating, hot water heating, ventilating and air conditioning apparatus; and (c) elec- tric wiring and standard illuminating fixtures; AND SUCH PUBLIC WORK CONTRACT SHALL REQUIRE EACH CONTRACTOR AND SUBCONTRACTOR TO PARTICIPATE IN APPRENTICE TRAINING PROGRAMS IN THE TRADES OF WORK IT EMPLOYS THAT HAVE BEEN APPROVED BY THE DEPARTMENT FOR NOT LESS THAN THREE YEARS AND SHALL HAVE GRADUATED AT LEAST ONE APPRENTICE IN THE LAST THREE YEARS AND SHALL HAVE AT LEAST ONE APPRENTICE CURRENTLY ENROLLED IN SUCH APPREN- TICESHIP TRAINING PROGRAM. After the low bid is 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 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 include, but not be limited to, a change in project specifications, a change in construction material costs, a change to subcontractor status as determined pursuant to paragraph (e) of subdivision 2 of section 222 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. Nothing in this section shall be construed to prevent the dormitory authority from performing any such branches of work by or through its regular employees. S 15. Paragraph (e) of subdivision 2 of section 222 of the labor law, as added by section 18 of part MM of chapter 57 of the laws of 2008, is amended to read as follows: (e) Any contract, subcontract, lease, grant, bond, covenant, or other agreement for construction, reconstruction, demolition, excavation, rehabilitation, repair, renovation, alteration, or improvement with respect to each project undertaken pursuant to this section, the entity shall consider the financial and organizational capacity of contractors and subcontractors in relation to the magnitude of work they may perform, the record of performance of contractors and subcontractors on previous work, the record of contractors and subcontractors in complying with existing labor standards and maintaining harmonious labor relations, and the commitment of contractors to work with minority and women-owned business enterprises pursuant to article fifteen-A of the S. 5217 16 executive law through joint ventures of subcontractor relationships. With respect to any contract for construction, reconstruction, demoli- tion, excavation, rehabilitation, repair, renovation, alteration, or improvement [in excess of three million dollars in the counties of the Bronx, Kings, New York, Queens, and Richmond; one million five hundred thousand dollars in the counties of Nassau, Suffolk and Westchester; and five hundred thousand dollars in all other counties within the state;] WITH RESPECT TO EACH PROJECT UNDERTAKEN PURSUANT TO THIS SECTION, the entity shall further require that each contractor and subcontractor shall participate in apprentice training programs in the trades of work it employs that have been approved by the department for not less than three years and shall have graduated at least one apprentice in the last three years and shall have at least one apprentice currently enrolled in such apprenticeship training program. In addition, it must be demon- strated that the program has made significant efforts to attract and retain minority apprentices, as determined by affirmative action goals established for such program by the department. S 16. This act shall take effect immediately.
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