S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2409
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 19, 2021
                                ___________
 
 Introduced  by  M.  of  A.  FAHY,  SIMON, HEVESI, L. ROSENTHAL, GRIFFIN,
   LUPARDO -- read once and referred to the Committee on Labor
 
 AN ACT to amend the labor law, in relation to establishing the New  York
   works   progress  program;  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.  This  act  shall  be known and may be cited as the "works
 progress administration-pandemic recovery (WPA-PR)".
   § 2. The labor law is amended by adding a new section 224-d to read as
 follows:
   § 224-D. NEW YORK WORKS PROGRESS PROGRAM. 1. THE FOLLOWING TERMS SHALL
 HAVE THE FOLLOWING MEANINGS:
   (A) "PROGRAM" SHALL MEAN THE NEW YORK WORKS  PROGRESS  PROGRAM  ESTAB-
 LISHED PURSUANT TO SUBDIVISION THREE OF THIS SECTION.
   (B)  "ELIGIBLE INDIVIDUAL" SHALL MEAN AN INDIVIDUAL WHO HAS BEEN UNEM-
 PLOYED FOR AT LEAST THE SIXTY-DAY PERIOD PRIOR TO THE COMMENCEMENT OF  A
 PROJECT  DESCRIBED  IN SUBDIVISION FOUR OF THIS SECTION AND WHO IS NOT A
 FULL-TIME STUDENT.
   (C) "PRIORITY INDIVIDUAL" SHALL MEAN AN INDIVIDUAL WHO HAS BEEN  UNEM-
 PLOYED  FOR AT LEAST THE SIXTY-DAY PERIOD PRIOR TO THE COMMENCEMENT OF A
 PROJECT DESCRIBED IN SUBDIVISION FOUR OF THIS SECTION AND IS BETWEEN THE
 AGES OF EIGHTEEN AND THIRTY-FIVE, NOT A FULL-TIME STUDENT AND WHO IS NOT
 ENROLLED IN ANY TRAINING PROGRAM.
   2. (A) THERE IS HEREBY ESTABLISHED WITHIN THE DEPARTMENT THE NEW  YORK
 WORKS PROGRESS PROGRAM WHICH SHALL BE HEADED BY THE COMMISSIONER.
   (B) THE PURPOSE OF SUCH PROGRAM IS TO:
   (1) RECEIVE WORKS PROJECT PROPOSALS SUBMITTED BY STATE DEPARTMENTS AND
 AGENCIES PURSUANT TO PARAGRAPH (A) OF SUBDIVISION THREE OF THIS SECTION;
 AND

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04785-02-1
              

 A. 2409                             2
 
   (2) SELECT WORKS PROJECTS PROPOSALS THAT MEET THE CRITERIA PURSUANT TO
 PARAGRAPH  (B)  OF  SUBDIVISION THREE OF THIS SECTION, AS BEING ELIGIBLE
 FOR ASSISTANCE UNDER SUCH PROGRAM.
   3.  (A)  NOT  LATER  THAN THIRTY DAYS AFTER THE EFFECTIVE DATE OF THIS
 SECTION, AND SUBSEQUENTLY AT SUCH TIMES AS THE  PROGRAM  SHALL  REQUEST,
 THE  COMMISSIONER  OF  THE DEPARTMENT OF HEALTH, THE COMMISSIONER OF THE
 DEPARTMENT OF ENERGY, THE COMMISSIONER OF AGRICULTURE AND  MARKETS,  THE
 PRESIDENT  OF  EMPIRE  STATE  DEVELOPMENT  AND  THE  COMMISSIONER OF THE
 DEPARTMENT OF ENVIRONMENTAL CONSERVATION SHALL SUBMIT PROPOSALS  TO  THE
 PROGRAM  FOR WORKS PROJECTS WITHIN THE JURISDICTION OF EACH SUCH COMMIS-
 SIONER OR OTHER ADMINISTRATOR THAT SATISFY  THE  CRITERIA  DESCRIBED  IN
 PARAGRAPH (B) OF THIS SUBDIVISION.
   (B)  ANY  WORK PROJECT TO BE CONSIDERED FOR THE PROGRAM SHALL MEET THE
 FOLLOWING CRITERIA:
   (1) THE PROJECT WOULD PRODUCE A HIGH  NUMBER  OF  EMPLOYEE  HOURS  PER
 DOLLAR OF THE TOTAL PROJECT COST;
   (2)  INDIVIDUALS  WITH  THE REQUIRED SKILLS NECESSARY TO CARRY OUT THE
 PROJECT CAN BE READILY RECRUITED OR TRAINED AND EMPLOYED FROM AMONG  THE
 ELIGIBLE  INDIVIDUALS  DESCRIBED  IN PARAGRAPH (B) OF SUBDIVISION ONE OF
 THIS SECTION;
   (3) THE PROJECT WOULD PROVIDE A CONTINUING  CONTRIBUTION  TO  ECONOMIC
 GROWTH ONCE IT HAS BEEN COMPLETED;
   (4) THE PROJECT MAY BE STAFFED BY EMPLOYEES WITH MINIMAL DELAY; AND
   (5) THE JOBS ASSOCIATED WITH A SPECIFIC PROJECT SHALL LAST FOR A TOTAL
 OF  SIX  MONTHS, PROVIDED THEY ARE NOT LOCATED WITHIN A COUNTY WHERE THE
 UNEMPLOYMENT RATE, AS REPORTED BY THE  UNITED  STATES  BUREAU  OF  LABOR
 STATISTICS,  IS  MORE THAN FIVE PERCENTAGE POINTS HIGHER THAN SUCH COUN-
 TY'S RATE AS OF FEBRUARY, TWO THOUSAND TWENTY-ONE.
   (C) WORKS PROJECTS UNDER THIS SECTION MAY INCLUDE, BUT NOT BE  LIMITED
 TO:
   (1) CONTACT TRACING FOR THE COVID-19 CORONAVIRUS;
   (2)  CLIMATE CHANGE RESILIENCY AND RESTORATION FOCUSED ON NATURE BASED
 SOLUTIONS, ENVIRONMENTAL CONSERVATION AND RESTORATION, AND WATER QUALITY
 PROJECTS INCLUDING, BUT NOT LIMITED TO:
   (I)  RESIDENTIAL  AND  COMMERCIAL  WATER  USE  EFFICIENCY  IMPROVEMENT
 PROJECTS;
   (II) AQUATIC ECOSYSTEM AND WATER QUALITY IMPROVEMENT PROJECTS;
   (III) RESIDENTIAL AND COMMERCIAL BUILDING WEATHERIZATION PROJECTS;
   (IV) RENEWABLE ENERGY INFRASTRUCTURE PROJECTS;
   (V) SOIL EROSION AND PESTICIDE RUNOFF PREVENTION PROJECTS;
   (VI)  CONSERVATION AND RECREATIONAL LAND, TRAIL CONSTRUCTION AND MAIN-
 TENANCE PROJECTS;
   (VII) MUNICIPAL DRINKING AND WASTEWATER PROJECTS;
   (VIII) NATURE BASED SOLUTIONS FOR CLIMATE RESILIENCE AND  RESTORATION;
 OR
   (IX) TREE PLANTING AND RETENTION PROJECTS;
   (3) PROJECTS ENHANCING THE CREATIVE ECONOMY INCLUDING, BUT NOT LIMITED
 TO:
   (I) COMMISSIONING PUBLIC WORKS OF VISUAL ART;
   (II)  STAGING  PUBLIC  MUSICAL PERFORMANCES, IF CONSISTENT WITH SOCIAL
 DISTANCING GUIDELINES;
   (III) CREATING PUBLIC WORKS OF MULTIMEDIA ART;
   (IV) CREATING PUBLIC WORKS OF DIGITAL ART; OR
   (V) STAGING PUBLIC PERFORMING ARTS PERFORMANCES,  IF  CONSISTENT  WITH
 SOCIAL DISTANCING GUIDELINES;

 A. 2409                             3
 
   (4)  PROJECTS ENHANCING THE AGRICULTURAL, AQUACULTURE, FISHERIES, FOOD
 AND BEVERAGE SECTORS INCLUDING, BUT NOT LIMITED TO:
   (I)  PUBLIC  INSTRUCTIONAL  CLASSES  ON NUTRITION, INCLUDING COMMUNITY
 GARDENING;
   (II) PROJECTS USING TECHNOLOGY TO IMPROVE AGRICULTURE; OR
   (III) PROJECTS IMPROVING ENROLLMENT AND ACCESS TO RESOURCES ADDRESSING
 FOOD INSECURITY;
   (5) INFRASTRUCTURE PROJECTS, INCLUDING, BUT NOT LIMITED TO:
   (I) ROAD CONSTRUCTION;
   (II) RAILROAD CONSTRUCTION;
   (III) MASS TRANSIT IMPROVEMENTS;
   (IV) RAIL-TO-TRAIL CONVERSION;
   (V) NATURE BASED SOLUTIONS TO IMPROVE THE RESILIENCY OF BUILT  INFRAS-
 TRUCTURE; OR
   (VI) CULVERT UPGRADES, AND ACTIONS THAT REDUCE WILDLIFE-VEHICLE COLLI-
 SIONS;
   (6)  PROJECTS  ENHANCING HOME CARE SERVICES, INCLUDING BUT NOT LIMITED
 TO, VIRTUAL SERVICES;
   (7) PROJECTS ENHANCING ONLINE EDUCATION; AND
   (8) ANY OTHER PROJECT THAT IS PROPOSED BY AN ELIGIBLE  DEPARTMENT  AND
 DETERMINED TO BE APPROPRIATE BY THE PROGRAM.
   4.  PROJECT  PROPOSALS  SUBMITTED TO THE PROGRAM PURSUANT TO PARAGRAPH
 (A) OF SUBDIVISION THREE OF THIS SECTION SHALL INCLUDE:
   (A) A DESCRIPTION OF THE PROJECT AND  A  FULL  SCHEDULE  OF  ESTIMATED
 COSTS;
   (B) AN ESTIMATE OF THE NUMBER OF EMPLOYMENT HOURS REQUIRED TO COMPLETE
 THE PROJECT;
   (C)  A HIRING TIMETABLE RELATING TO THE EMPLOYMENT OF VARIOUS STAFFING
 LEVELS UNDER THE PROJECT;
   (D) AN ESTIMATED PROJECT COMPLETION DATE; AND
   (E) SUCH OTHER INFORMATION AS THE ELIGIBLE DEPARTMENT DETERMINES TO BE
 APPROPRIATE.
   5. (A) THE PROGRAM SHALL APPROVE THOSE PROPOSALS WHICH  ARE  SUBMITTED
 PURSUANT TO AND MEET THE CRITERIA SET FORTH IN SUBDIVISION THREE OF THIS
 SECTION  AND SHALL PROVIDE FUNDING FOR SUCH PROJECTS FROM AMOUNTS APPRO-
 PRIATED FOR THE PROGRAM.
   (B) PRIORITY SHALL BE GIVEN TO PROJECTS LOCATED WITHIN A COUNTY  WHERE
 THE  UNEMPLOYMENT RATE, AS REPORTED BY THE UNITED STATES BUREAU OF LABOR
 STATISTICS, IS MORE THAN FIVE PERCENTAGE POINTS HIGHER THAN  SUCH  COUN-
 TY'S  RATE  AS  OF  FEBRUARY,  TWO  THOUSAND TWENTY-ONE OR PROJECTS THAT
 DEMONSTRATE A COMMITMENT TO HIRING  PRIORITY  INDIVIDUALS  DESCRIBED  IN
 PARAGRAPH (C) OF SUBDIVISION ONE OF THIS SECTION.
   6.  AN ELIGIBLE DEPARTMENT THAT HAS SUBMITTED A WORKS PROJECT PROPOSAL
 PURSUANT TO PARAGRAPH (A) OF SUBDIVISION THREE OF THIS SECTION SHALL  BE
 RESPONSIBLE FOR THE ADMINISTRATION AND COMPLETION OF SUCH PROJECT.
   7.  AN  ELIGIBLE  DEPARTMENT  SHALL  BE  A  PARTY TO ANY CONTRACT THAT
 GOVERNS A WORKS PROJECT APPROVED AND FUNDED IN  ANY  MANNER  UNDER  THIS
 SECTION.   DEPARTMENTS MAY CONTRACT WITH PRIVATE CORPORATIONS HAVING TAX
 EXEMPT STATUS UNDER SECTION 501 (C) (3) OF THE  UNITED  STATES  INTERNAL
 REVENUE  CODE  AND  PRIVATELY  HELD  BUSINESSES  FOR  PART  OR ALL OF AN
 APPROVED PROJECT SUBJECT TO THE APPROVAL OF THE PROGRAM.
   8. NOT LATER THAN SIX MONTHS AFTER THE EFFECTIVE DATE OF THIS SECTION,
 AND BIANNUALLY THEREAFTER ON JUNE THIRTIETH AND DECEMBER THIRTY-FIRST OF
 EACH YEAR, THE PROGRAM SHALL SUBMIT A REPORT TO  THE  LEGISLATURE  WHICH
 INCLUDES:
   (A) THE NUMBER OF WORKS PROJECT PROPOSALS SUBMITTED TO THE PROGRAM;

 A. 2409                             4
 
   (B)  THE  NUMBER  OF WORKS PROJECTS APPROVED BY THE PROGRAM DURING THE
 REPORTING PERIOD;
   (C)  THE NUMBER OF WORKS PROJECTS COMPLETED BY THE DATE OF THE REPORT;
 AND
   (D) WITH RESPECT TO EACH APPROVED WORK PROJECT, A PROJECT  DESCRIPTION
 THAT INCLUDES INFORMATION ABOUT WHETHER THE PROJECT IS COMPLETE AND SUCH
 OTHER INFORMATION AS THE PROGRAM DETERMINES APPROPRIATE.
   9. THE OFFICE OF THE COMPTROLLER SHALL CONDUCT AN ANNUAL AUDIT OF:
   (A) THE PERFORMANCE AND ACTIVITIES OF THE PROGRAM;
   (B) THE PERFORMANCE AND COMPLETION OF WORK PROJECTS; AND
   (C)  THE  PERFORMANCE  OF  THE  ELIGIBLE AGENCIES WITH RESPECT TO SUCH
 PROJECTS.
   § 3. This act shall take effect on the ninetieth day  after  it  shall
 have  become  a law and shall expire and be deemed repealed on and after
 the thirtieth month after the state of emergency declared  by  executive
 order 202 that began on March 7, 2020 has been lifted.