S T A T E O F N E W Y O R K
________________________________________________________________________
2465
2021-2022 Regular Sessions
I N A S S E M B L Y
January 19, 2021
___________
Introduced by M. of A. REYES -- read once and referred to the Committee
on Corporations, Authorities and Commissions
AN ACT to amend the public authorities law, in relation to prioritizing
union labor for certain transit projects of the metropolitan transpor-
tation authority
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The section heading of section 1265-a of the public author-
ities law, as added by chapter 929 of the laws of 1986, is amended to
read as follows:
[Contracts] UNION LABOR AND CONTRACTS FOR PUBLIC WORK.
§ 2. Section 1265-a of the public authorities law is amended by adding
a new subdivision 1-a to read as follows:
1-A. UNION LABOR. (A) FOR ANY CONTRACT FOR PUBLIC WORK THE AUTHORITY
SHALL FIRST MAKE SUBSTANTIVE EFFORT TO UTILIZE UNION LABOR FOR ALL OR
SIGNIFICANT ASPECTS OF THE PUBLIC WORK.
(B) THE AUTHORITY SHALL DETERMINE THE FEASIBILITY AND APPROPRIATENESS
OF UNION LABOR BY TAKING INTO CONSIDERATION, AMONG OTHER FACTORS, THE
AVAILABILITY OF SKILLS AND EXPERTISE IN RELATION TO THE REQUIREMENTS OF
THE PUBLIC WORK.
(C) SUBSTANTIVE EFFORTS TO SECURE UNION LABOR FOR PROPOSED PUBLIC WORK
SHALL INCLUDE BUT NOT BE LIMITED TO, PUBLISHING AND ADVERTISING THE
PROPOSED PUBLIC WORK, CONDUCTING OUTREACH TO RELEVANT LABOR UNIONS AND
HOLDING A MEETING REGARDING THE NATURE AND TERMS OF SUCH PROPOSED PUBLIC
WORK.
(D) UPON FAILING TO SECURE UNION LABOR AND PRIOR TO PUBLISHING A
CONTRACT FOR PUBLIC WORK, THE AUTHORITY SHALL SEND A WRITTEN NOTICE TO
THE CITY COMMISSIONER OF TRANSPORTATION, THE COMPTROLLER AND THE CITY
COMMISSIONER OF LABOR EXPLAINING WITH SPECIFIC DETAIL:
(I) THE EFFORT THE AUTHORITY MADE TO SECURE UNION LABOR FOR THE
PROPOSED PUBLIC WORK;
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00162-01-1
A. 2465 2
(II) THAT SUCH EFFORT FAILED; AND
(III) THE INTENTION OF THE AUTHORITY TO PUBLISH A CONTRACT FOR PUBLIC
BIDDING AS A RESULT.
(E) THE AUTHORITY SHALL SPEND A MINIMUM OF TWENTY BUSINESS DAYS SEEK-
ING UNION LABOR FOR THE PROPOSED PUBLIC WORK.
(F) CONTRACT FOR PUBLIC WORK MAY BE PUBLISHED FOR BIDDING ONLY AFTER
SUBSTANTIVE EFFORT TO ENGAGE AND SECURE UNION LABOR HAS BEEN MADE BY THE
AUTHORITY AND ONLY AFTER WRITTEN NOTICE HAS BEEN SUBMITTED TO THE CITY
COMMISSIONER OF TRANSPORTATION, THE COMPTROLLER AND THE CITY COMMISSION-
ER OF LABOR.
§ 3. This act shall take effect immediately.