S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2622
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 20, 2017
                                ___________
 
 Introduced  by M. of A. GALEF, PAULIN, JAFFEE, GIGLIO, SCHIMMINGER, KOLB
   -- Multi-Sponsored by -- M. of A.  CROUCH,  LOPEZ,  MAGEE,  McDONOUGH,
   McKEVITT, MONTESANO, SALADINO, THIELE -- read once and referred to the
   Committee on Education
 
 AN  ACT  to  amend  the  education law and the general municipal law, in
   relation to exempting school districts from requirements for  separate
   specifications  for  public work; and providing for the repeal of such
   provisions upon expiration thereof
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The opening paragraph of section 308 of the education law
 is designated subdivision 1 and a new subdivision 2 is added to read  as
 follows:
   2.  THE COMMISSIONER SHALL COMMISSION A STUDY ON THE IMPACT OF EXEMPT-
 ING SCHOOL DISTRICTS FROM  THE  SEPARATE  BIDDING  REQUIREMENTS  OF  THE
 GENERAL  MUNICIPAL  LAW PURSUANT TO THE PROVISIONS OF SUBDIVISION SIX OF
 SECTION ONE HUNDRED ONE OF THE GENERAL MUNICIPAL LAW. SUCH  STUDY  SHALL
 INCLUDE  THE  IMPACT  ON  TIME  FRAMES  FOR  COMPLETING CONSTRUCTION AND
 IMPROVEMENT PROJECTS, THE OVERALL COSTS OF SUCH PROJECTS, THE QUALITY OF
 WORK PERFORMED AND THE INTEGRITY OF THE BIDDING PROCESS. THE COMMISSION-
 ER SHALL ISSUE SUCH STUDY TO THE GOVERNOR, THE  STATE  COMPTROLLER,  THE
 TEMPORARY PRESIDENT OF THE SENATE AND THE SPEAKER OF THE ASSEMBLY IN THE
 FOURTH YEAR FOLLOWING THE EFFECTIVE DATE OF THIS SUBDIVISION.
   §  2.  Section 101 of the general municipal law is amended by adding a
 new subdivision 6 to read as follows:
   6. A. NOTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION,  SPECIFICA-
 TIONS  FOR  WORK PERTAINING TO THE CONSTRUCTION, ADDITION OR IMPROVEMENT
 OF ANY SCHOOL DISTRICT BUILDINGS OR APPURTENANT FACILITIES  MAY  PROVIDE
 FOR ASSIGNMENT OF RESPONSIBILITY FOR SUPERVISION AND COORDINATION OF ANY
 OR  ALL OF THE CONTRACTS FOR SUCH WORK TO A SINGLE RESPONSIBLE AND RELI-
 ABLE PERSON, FIRM OR CORPORATION.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD02857-01-7

 A. 2622                             2
 
   B. WHERE A SCHOOL DISTRICT ELECTS TO PROVIDE FOR THE ASSIGNMENT  OF  A
 CONTRACT TO A SINGLE PERSON, FIRM OR CORPORATION PURSUANT TO PARAGRAPH A
 OF  THIS  SUBDIVISION, SUCH SCHOOL DISTRICT MAY REQUIRE THE APPARENT LOW
 BIDDER AND, AT THE DISCRETION  OF  THE  SCHOOL  DISTRICT,  THE  APPARENT
 SECOND  LOW  BIDDER, TO SUBMIT TO THE DISTRICT THE NAMES OF THE BIDDER'S
 PROPOSED SUBCONTRACTORS FOR THE ELECTRICAL  WORK;  HEATING,  VENTILATING
 AND  AIR  CONDITIONING  WORK;  AND  THE PLUMBING WORK. ONLY ONE PROPOSED
 SUBCONTRACTOR SHALL BE NAMED FOR EACH SUCH TRADE.  SUCH PROPOSED SUBCON-
 TRACTOR OR SUBCONTRACTORS MAY BE REJECTED BY THE SCHOOL DISTRICT ON  THE
 BASIS  SET FORTH IN PARAGRAPH E OF THIS SUBDIVISION. UPON REJECTION OF A
 PROPOSED  SUBCONTRACTOR  OR  SUBCONTRACTORS,  THE  SCHOOL  DISTRICT  MAY
 REQUIRE  THE APPARENT LOW BIDDER TO SUBMIT AN ALTERNATE PROPOSED SUBCON-
 TRACTOR OR SUBCONTRACTORS WITHIN FORTY-EIGHT HOURS. SHOULD THE  APPARENT
 LOW  BIDDER FAIL TO PROPOSE ALTERNATE SUBCONTRACTORS SUBJECT TO APPROVAL
 BY THE SCHOOL DISTRICT, THE SCHOOL DISTRICT MAY CONSIDER THE NEXT APPAR-
 ENT LOW BIDDER AND SHALL FOLLOW THE SAME PROCEDURE  SET  FORTH  IN  THIS
 PARAGRAPH.   SUCH PROPOSED SUBCONTRACTORS OF THE BIDDER, APPROVED BY THE
 SCHOOL DISTRICT SHALL BE USED ON THE WORK FOR WHICH THEY  WERE  PROPOSED
 AND  APPROVED,  AND  THEY  SHALL NOT BE CHANGED EXCEPT WITH THE SPECIFIC
 WRITTEN APPROVAL OF THE DISTRICT.
   C. PAYMENT TO THE PROPOSED SUBCONTRACTORS PROVIDED IN PARAGRAPH  B  OF
 THIS  SUBDIVISION, SHALL BE IN ACCORDANCE WITH THE PROVISIONS OF SECTION
 ONE HUNDRED SIX-B OF THIS ARTICLE.  IN THE EVENT ANY SUCH  SUBCONTRACTOR
 IS NOT PAID BY THE CONTRACTOR, THE SUBCONTRACTOR SHALL IMMEDIATELY NOTI-
 FY THE SCHOOL DISTRICT OF SUCH FACT.
   D.  WITH THE SUBMISSION OF THE NAMES OF THE PROPOSED SUBCONTRACTORS AS
 PROVIDED IN PARAGRAPH B OF THIS SUBDIVISION, THE  BIDDER  SHALL  SPECIFY
 THE  VALUE  TO  BE  PAID  EACH  SUCH  SUBCONTRACTOR  FOR  THE WORK TO BE
 PERFORMED BY SUCH SUBCONTRACTOR.
   E. A SCHOOL DISTRICT MAY REJECT ANY OR ALL BIDS OR WAIVE ANY INFORMAL-
 ITY IN A BID IF IT REASONABLY BELIEVES THAT THE PUBLIC INTEREST WILL  BE
 PROMOTED  THEREBY. A SCHOOL DISTRICT MAY REJECT ANY BID IF, IN ITS JUDG-
 MENT, THE BUSINESS ORGANIZATION, RESOURCES, FINANCIAL STANDING, OR EXPE-
 RIENCE OF THE BIDDER JUSTIFIES SUCH REJECTION IN VIEW OF THE WORK TO  BE
 PERFORMED.
   F.  THE PROVISIONS OF THIS SUBDIVISION SHALL NOT APPLY TO THE NEW YORK
 CITY SCHOOL CONSTRUCTION AUTHORITY ESTABLISHED PURSUANT TO TITLE SIX  OF
 ARTICLE EIGHT OF THE PUBLIC AUTHORITIES LAW.
   §  3.  This  act  shall  take  effect  on  the first of September next
 succeeding the date on which it shall have become a law, and shall apply
 to all contracts advertised or solicited for bid on or after such effec-
 tive date; provided that the provisions of this act shall expire and  be
 deemed repealed five years after such effective date.