S T A T E O F N E W Y O R K
________________________________________________________________________
4023
2017-2018 Regular Sessions
I N A S S E M B L Y
January 30, 2017
___________
Introduced by M. of A. PRETLOW -- read once and referred to the Commit-
tee on Local Governments
AN ACT to amend the general municipal law, in relation to allowing state
entities to require bidders for public works, construction or purchase
contracts to hire and retain persons residing in certain targeted
communities
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The general municipal law is amended by adding a new
section 103-h to read as follows:
§ 103-H. CONTRACTS FOR PUBLIC WORKS; TARGETED COMMUNITIES. 1. FOR THE
PURPOSES OF THIS SECTION, A "TARGETED COMMUNITY" SHALL MEAN ANY CITY,
TOWN, OR VILLAGE WITHIN A COUNTY WHERE THE COMBINED AVERAGE OF THE UNEM-
PLOYMENT RATE AND THE POVERTY RATE OF SUCH COMMUNITY IS GREATER THAN THE
COMBINED COUNTYWIDE AVERAGE OF UNEMPLOYMENT AND POVERTY RATE BY TEN
PERCENT.
2. NOTWITHSTANDING ANY PROVISION OF LAW, ANY STATE ENTITY MAY REQUIRE
THE LOWEST RESPONSIBLE BIDDER FOR ALL PUBLIC WORKS, CONSTRUCTION OR
PURCHASE CONTRACTS TO HIRE AND RETAIN PERSONS RESIDING IN CERTAIN
TARGETED COMMUNITIES HAVING THE HIGHEST RATES OF UNEMPLOYMENT WITHIN
SUCH COUNTY.
3. THE STATE ENTITY MAY REQUIRE THAT:
A. AT LEAST TEN PERCENT OF THE LABOR COSTS OF CONSTRUCTION CONTRACTS
AWARDED BY THE STATE ENTITY BE SPENT TO HIRE PERSONS RESIDING IN THE
TARGETED COMMUNITIES WITHIN THE COUNTY IN WHICH THE MAJORITY OF THE WORK
WILL BE COMPLETED;
B. AT LEAST TWENTY PERCENT OF THE LABOR COSTS OF CONSTRUCTION
CONTRACTS BE SPENT TO HIRE PERSONS RESIDING IN THE TARGETED COMMUNITIES,
IF THE COMBINED AVERAGE UNEMPLOYMENT AND POVERTY RATE FOR A TARGETED
COMMUNITY IS GREATER THAN TWENTY PERCENT OF THE COMBINED COUNTYWIDE
AVERAGE OF UNEMPLOYMENT RATE AND THE POVERTY RATE; AND
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08696-01-7
A. 4023 2
C. AT LEAST THIRTY PERCENT OF THE LABOR COSTS OF CONSTRUCTION
CONTRACTS COST BE SPENT TO HIRE PERSONS RESIDING IN THE TARGETED COMMU-
NITIES IF THE COMBINED AVERAGE COMMUNITY UNEMPLOYMENT AND POVERTY RATE
IS GREATER THAN THIRTY PERCENT OF THE COMBINED COUNTYWIDE AVERAGE OF
UNEMPLOYMENT RATE AND THE POVERTY RATE.
4. THE COMBINED AVERAGE UNEMPLOYMENT RATE AND POVERTY RATE SHALL BE
COMPUTED ANNUALLY BASED ON STATISTICS PUBLISHED BY THE NEW YORK STATE
BUREAU OF LABOR STATISTICS OR SIMILAR GOVERNMENT AGENCIES FOR THE PERIOD
ENDING DECEMBER THIRTY-FIRST OF THE YEAR PRECEDING THE YEAR IN WHICH THE
CONTRACT IS AWARDED. THE COMBINED AVERAGE SHALL BE THE SUM OF THE
PRECEDING YEAR END UNEMPLOYMENT RATE PLUS THE PRECEDING YEAR END POVERTY
RATE DIVIDED BY TWO.
5. THE COMBINED AVERAGE UNEMPLOYMENT RATE AND POVERTY RATE SHALL BE
ESTABLISHED ANNUALLY BY RESOLUTION OR LOCAL LAW OF THE COUNTY.
6. THE STATE ENTITY MAY REQUIRE THE LOWEST RESPONSIBLE BIDDER TO
ESTABLISH APPRENTICESHIP AND TRAINING PROGRAMS FOR WORKERS RESIDING
WITHIN THE TARGETED COMMUNITIES IN CERTAIN CONSTRUCTION TRADES.
§ 2. This act shall take effect on the thirtieth day after it shall
have become a law.