S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4138
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 1, 2019
                                ___________
 
 Introduced by M. of A. RA, BLANKENBUSH, GARBARINO, CROUCH, NORRIS, MORI-
   NELLO,  LAWRENCE  --  Multi-Sponsored  by  -- M. of A. FRIEND, GIGLIO,
   HAWLEY, KOLB, M. L. MILLER, MONTESANO -- read once and referred to the
   Committee on Governmental Operations
 
 AN ACT to amend the state finance law, in relation to providing a  pref-
   erence  to  New  York  state  contractors for purposes of public works
   contracts
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The  state finance law is amended by adding a new section
 148 to read as follows:
   § 148. PREFERENCE FOR NEW YORK STATE CONTRACTORS. 1. EXCEPT AS  OTHER-
 WISE PROVIDED IN THIS SECTION, WHEN LETTING CONTRACTS IN ACCORDANCE WITH
 SECTION  ONE  HUNDRED  THIRTY-FIVE  OF  THIS  ARTICLE FOR THE PURPOSE OF
 ERECTING, CONSTRUCTING, RECONSTRUCTING, ALTERING OR REPAIRING  BUILDINGS
 OF  THE  STATE,  BID SPECIFICATIONS OF EVERY OFFICER, BOARD, DEPARTMENT,
 COMMISSION OR COMMISSIONS CHARGED WITH THE DUTY OF PREPARING  SPECIFICA-
 TIONS  OR  AWARDING  SUCH  CONTRACTS MAY REQUIRE PROVISIONS THAT MANDATE
 THAT THE ESSENTIAL COMPONENTS OF SUCH PROJECTS BE PRODUCED OR  PROCESSED
 IN  FACILITIES  LOCATED WITHIN THE STATE AND THAT THE SERVICES FOR WORK,
 LABOR AND SUPERVISION OF SUCH PROJECTS  BE  PERFORMED  BY  PARTNERSHIPS,
 FIRMS, BUSINESSES OR CORPORATIONS WHICH ARE RESIDENTS OF THE STATE.
   2.  THE  COMMISSIONER  OF ECONOMIC DEVELOPMENT AND THE COMMISSIONER OF
 LABOR SHALL DETERMINE, USING UNIFORM CRITERIA, THOSE TYPES OF COMPONENTS
 AND SERVICES FOR WHICH THE REQUIREMENTS OF THIS SECTION ARE DEEMED BENE-
 FICIAL AND SHALL PROMULGATE AND FORWARD TO THE  APPROPRIATE  AGENCIES  A
 LIST  OF  SUCH  COMPONENTS AND SERVICES. SUCH COMMISSIONERS SHALL UPDATE
 SUCH LIST AS OFTEN AS IS DEEMED BY THEM TO BE NECESSARY.
   3. (A) THE COMMISSIONER OF ECONOMIC DEVELOPMENT AND  THE  COMMISSIONER
 OF  LABOR SHALL SPECIFY THE PERCENTAGE OF UNEMPLOYMENT REQUIRED TO EXIST
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02342-01-9
              

 A. 4138                             2
 
 IN THE PERTINENT INDUSTRIES WITHIN THE STATE AND THE PERCENTAGE OF  EACH
 COMPONENT REQUIRED TO BE PRODUCED OR PROCESSED IN THE STATE.
   (B)  UPON  A  DETERMINATION  BY  SUCH  COMMISSIONERS THAT A SUFFICIENT
 PERCENTAGE OF UNEMPLOYMENT IN  THE  PERTINENT  INDUSTRIES  OF  NEW  YORK
 PRODUCED  OR PROCESSED COMPONENTS DOES NOT EXIST IN THE STATE, THE SPEC-
 IFICATIONS REQUIRING THE USE OF NEW YORK PRODUCED  OR  PROCESSED  COMPO-
 NENTS  OR  NEW  YORK  SERVICES  FOR WORK, LABOR AND SUPERVISION SHALL BE
 WAIVED.
   (C) IN THE EVENT THAT NO ACCEPTABLE BIDS ARE RECEIVED, THE  PROVISIONS
 OF THIS SECTION MAY BE WAIVED AND THE CONTRACT MAY BE AWARDED IN ACCORD-
 ANCE  WITH OTHER APPLICABLE STATUTES. IN ADDITION, IF SUCH COMMISSIONERS
 AGREE TO THE DELETERIOUS ECONOMIC IMPACT OF  THESE  SPECIFICATIONS,  THE
 PROVISIONS OF THIS SECTION MAY BE WAIVED.
   4.  THE  COMMISSIONER  OF ECONOMIC DEVELOPMENT AND THE COMMISSIONER OF
 LABOR MAY ISSUE SUCH REGULATIONS AS THEY DEEM NECESSARY AND  PROPER  FOR
 THE IMPLEMENTATION OF THIS SECTION.
   5. (A) WITH EACH BID, THE BIDDER SHALL CERTIFY THAT THE COMPONENTS AND
 SERVICES  FOR  WORK,  LABOR  AND  SUPERVISION TO BE UTILIZED SHALL BE IN
 CONFORMITY WITH THE PROVISIONS OF THIS SECTION.
   (B) ANY SUCCESSFUL BIDDER WHO FAILS TO COMPLY WITH THE  PROVISIONS  OF
 THIS  SECTION  SHALL FORFEIT THE RIGHT TO BID ON CONTRACTS LET UNDER THE
 PROVISIONS OF THIS SECTION FOR A PERIOD OF TIME TO BE DETERMINED BY  THE
 COMMISSIONER OF ECONOMIC DEVELOPMENT AND THE COMMISSIONER OF LABOR.
   6.  EACH SUCCEEDING YEAR AFTER THE EFFECTIVE DATE OF THIS SECTION, THE
 COMMISSIONER OF ECONOMIC DEVELOPMENT AND THE COMMISSIONER OF LABOR SHALL
 PROVIDE THE LEGISLATURE WITH A REPORT ON THE FIFTEENTH DAY OF JANUARY ON
 THE EFFECTS OF THIS SECTION AND RECOMMENDATIONS ON WAYS TO MAKE IT  MORE
 EFFECTIVE.
   7.  IF ANY CLAUSE, SENTENCE, PARAGRAPH, OR PART OF THIS SECTION OR THE
 APPLICATION THEREOF TO ANY  PERSON  OR  CIRCUMSTANCES,  SHALL,  FOR  ANY
 REASON,  BE ADJUDGED BY A COURT OF COMPETENT JURISDICTION TO BE INVALID,
 SUCH JUDGMENT SHALL NOT AFFECT, IMPAIR, OR INVALIDATE THE  REMAINDER  OF
 THIS  SECTION,  AND  THE APPLICATION THEREOF TO OTHER PERSONS OR CIRCUM-
 STANCES, BUT SHALL BE CONFINED IN ITS OPERATION TO THE CLAUSE, SENTENCE,
 PARAGRAPH, OR PART THEREOF DIRECTLY INVOLVED IN THE CONTROVERSY IN WHICH
 SUCH JUDGMENT SHALL HAVE BEEN RENDERED AND  TO  THE  PERSON  OR  CIRCUM-
 STANCES  INVOLVED.  IT  IS  HEREBY  DECLARED  TO BE THE INTENT THAT THIS
 SECTION WOULD HAVE BEEN ADOPTED HAD SUCH  INVALID  PROVISIONS  NOT  BEEN
 INCLUDED.
   §  2.  This  act  shall take effect on the sixtieth day after it shall
 have become a law.