S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8831
 
                           I N  A S S E M B L Y
 
                             January 13, 2022
                                ___________
 
 Introduced  by  M.  of A. BICHOTTE HERMELYN -- read once and referred to
   the Committee on Governmental Operations
 
 AN  ACT  to  amend  a  chapter  of  the  laws  of  2021  establishing  a
   construction  industry  advisory council on public contracting reform,
   as proposed in legislative bills numbers S. 4323-C and A.  6232-C,  in
   relation  to  the  membership  of such committee and providing for the
   repeal of such provisions upon the expiration thereof
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Sections 1, 2, 3, 9 and 11 of a chapter of the laws of 2021
 establishing   a   construction  industry  advisory  council  on  public
 contracting reform, as proposed in legislative bills numbers S.   4323-C
 and A. 6232-C, are amended to read as follows:
   Section   1.   Legislative   intent.   [The   legislature  finds  that
 construction contractors often face significant challenges when  bidding
 and  working  on  public  works  projects  in New York state. Often, the
 inclusion of  onerous  or  inequitable  contract  terms  and  conditions
 governing  issues  such  as  contractor  payment, job delays and dispute
 resolution, can place an unfair burden on contractors  in  public  works
 projects.  Furthermore, the legislature finds that many prior, piecemeal
 attempts  to address these inequities through individual approaches have
 proven unsuccessful, and therefore a more  equitable  and  comprehensive
 approach  is  warranted. The legislature also finds that current ineffi-
 ciencies in the public contracting process are responsible  for  driving
 up the cost of construction, making New York a less competitive place to
 engage in such work in relation to other states, which in turn harms the
 New York state economy and costs jobs.
   Therefore, it] IT is the intent of the legislature to establish [an] A
 TEMPORARY  independent  advisory  council  charged with (a) studying the
 current public contracting process; and  (b)  adopting  recommendations,
 best  practices and legislative proposals in order to reform and improve
 the current state public  contracting  process,  by  making  it  fairer,
 predictable and equitable for all parties involved.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08796-08-2
              

 A. 8831                             2
 
   §  2.  There is hereby created a TEMPORARY construction industry advi-
 sory council on public  contracting  reform  (the  "advisory  council"),
 which shall consider and advise on matters concerning the improvement of
 the current public works contracting process in New York state.
   §  3.  The  advisory  council shall consist of [the following] TWENTY-
 THREE members. THE MEMBERS SHALL INCLUDE TWELVE MEMBERS appointed by the
 governor as follows: [three] FIVE members representing the various state
 agencies and authorities, [two members upon the  recommendation  of  the
 speaker  of the assembly, one member upon recommendation of the minority
 leader of the assembly, two  members  upon  the  recommendation  of  the
 temporary president of the senate, one member upon the recommendation of
 the minority leader of the senate, one member upon the recommendation of
 the  comptroller,  three members representing general contractors in the
 construction industry, three members representing subcontractors in  the
 construction  industry,  three members representing employee trade coun-
 cils in the construction industry and two members representing  minority
 and women business-owned enterprise contractors. Appointments] INCLUDING
 THE COMMISSIONER OF LABOR OR HIS OR HER DESIGNEE, TWO MEMBERS REPRESENT-
 ING  MINORITY-  AND WOMEN-OWNED BUSINESS ENTERPRISES, ONE MEMBER REPRES-
 ENTING SERVICE-DISABLED VETERAN-OWNED BUSINESS ENTERPRISES, TWO  MEMBERS
 REPRESENTING  SUBCONTRACTORS  IN  THE  CONSTRUCTION INDUSTRY, ONE MEMBER
 REPRESENTING EMPLOYEE TRADE COUNCILS, AND ONE MEMBER REPRESENTING GENER-
 AL CONTRACTORS IN THE  CONSTRUCTION  INDUSTRY;  FOUR  MEMBERS  UPON  THE
 RECOMMENDATION  OF THE TEMPORARY PRESIDENT OF THE SENATE, TO INCLUDE ONE
 MEMBER REPRESENTING MINORITY- AND WOMEN-OWNED BUSINESS ENTERPRISES,  ONE
 MEMBER  REPRESENTING  GENERAL  CONTRACTORS IN THE CONSTRUCTION INDUSTRY,
 ONE MEMBER REPRESENTING SUBCONTRACTORS IN THE CONSTRUCTION INDUSTRY, AND
 ONE MEMBER REPRESENTING EMPLOYEE TRADE COUNCILS; FOUR MEMBERS  UPON  THE
 RECOMMENDATION  OF  THE  SPEAKER  OF THE ASSEMBLY, TO INCLUDE ONE MEMBER
 REPRESENTING MINORITY- AND WOMEN-OWNED BUSINESS ENTERPRISES, ONE  MEMBER
 REPRESENTING  GENERAL  CONTRACTORS  IN  THE  CONSTRUCTION  INDUSTRY, ONE
 MEMBER REPRESENTING SUBCONTRACTORS IN THE CONSTRUCTION INDUSTRY, AND ONE
 MEMBER REPRESENTING EMPLOYEE TRADE COUNCILS; ONE MEMBER UPON THE  RECOM-
 MENDATION  OF  THE  MINORITY  LEADER  OF THE SENATE; ONE MEMBER UPON THE
 RECOMMENDATION OF THE MINORITY LEADER OF THE ASSEMBLY;  AND  ONE  MEMBER
 UPON  THE  RECOMMENDATION  OF  THE  COMPTROLLER.  TO THE EXTENT POSSIBLE
 APPOINTMENTS shall be made within 60 days of the effective date of  this
 act.  Vacancies  in  the  advisory  council  shall be filled in the same
 manner.
   § 9. No later than 365 days after the effective date of this act,  the
 advisory  council  shall, BY A MAJORITY, issue a report of its findings,
 including any recommendations for legislative, executive  or  regulatory
 action as it may deem necessary and appropriate, and suggest best  prac-
 tices  for  a [more] fair and efficient public works contracting process
 by addressing the subject matters specified in section [8] EIGHT of this
 act. THE REPORT SHALL ALSO INCLUDE A SUMMARY OF THE  POSITIONS  ADVANCED
 BY  THE MEMBERS OF THE ADVISORY COUNCIL REGARDING THESE SUBJECT MATTERS.
 The advisory council shall terminate 60 days after the date on which  it
 submits its report as required by this section.
   §  11.  This act shall take effect immediately AND SHALL EXPIRE AND BE
 DEEMED REPEALED TWO YEARS AFTER SUCH EFFECTIVE DATE.
   § 2. This act shall take effect on the  same  date  and  in  the  same
 manner  as  a  chapter  of  the laws of 2021 establishing a construction
 industry advisory council on public contracting reform, as  proposed  in
 legislative bills numbers S. 4323-C and A. 6232-C, takes effect.