S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1385
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 17, 2023
                                ___________
 
 Introduced  by  M.  of  A.  BICHOTTE HERMELYN, ANDERSON -- read once and
   referred to the Committee on Cities
 
 AN ACT to amend the New York city charter, the education law, the gener-
   al municipal law, the labor law, the public authorities law,  the  New
   York  city health and hospitals corporation act, and the New York city
   public works investment act, in relation to  employment  opportunities
   for  economically  disadvantaged candidates and economically disadvan-
   taged region candidates and apprenticeship utilization on public tran-
   sactions; 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. Legislative findings. The legislature finds that both with-
 in the city of New York and across the  United  States,  over  the  past
 several  decades,  income  inequality  has  expanded and that poverty is
 frequently concentrated in  economically  disadvantaged  regions.    The
 legislature  also finds that economic disparities across individuals and
 across communities have further expanded due to the economic and  health
 effects of the virus known as COVID-19.  The purpose of this legislation
 is  to  remediate  these economic disparities by authorizing the city of
 New York, the city school district of the city of New York, the New York
 city school construction authority, the New York city health and  hospi-
 tals  corporation,  the New York city industrial development agency, and
 other city-affiliated not-for-profit corporations to  use  the  economic
 power of their transactions to implement programs by administrative rule
 requiring  contractors  and  subcontractors benefitting from such trans-
 actions to make best efforts to employ qualified economically  disadvan-
 taged candidates and qualified candidates in such economically disadvan-
 taged regions.
   §  2.  The New York city charter is amended by adding a new chapter 79
 to read as follows:

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01185-02-3
              

 A. 1385                             2
 
                                CHAPTER 79
                COMMUNITY HIRING AND WORKFORCE DEVELOPMENT
   §  3500.  DEFINITIONS.  AS  USED  IN THIS CHAPTER, THE FOLLOWING TERMS
 SHALL HAVE THE FOLLOWING MEANINGS:
   ABSORPTION HIRE. THE TERM "ABSORPTION HIRE" MEANS  AN  INDIVIDUAL  WHO
 FILLS A BUILDING SERVICE OPPORTUNITY AND WHO:
   (1) WAS EMPLOYED TO PERFORM BUILDING SERVICE WORK WITHIN THE PRECEDING
 SIX MONTHS AT THE SAME FACILITY TO WHICH SUCH INDIVIDUAL IS ASSIGNED; OR
   (2) FILLS SUCH BUILDING SERVICE OPPORTUNITY AS A RESULT OF A REASSIGN-
 MENT BY A CONTRACTOR OR SUBCONTRACTOR, AS APPLICABLE, DUE TO A DISPLACE-
 MENT  CAUSED BY THE CLOSURE OF ANOTHER FACILITY, A STAFFING REDUCTION AT
 ANOTHER FACILITY, OR ANY OTHER SIMILAR EVENT.
   APPRENTICE. THE TERM "APPRENTICE" MEANS AN INDIVIDUAL WHO IS RECEIVING
 TRAINING AND PERFORMING LABOR PURSUANT TO AN APPRENTICESHIP AGREEMENT.
   APPRENTICESHIP AGREEMENT. THE TERM "APPRENTICESHIP AGREEMENT" MEANS AN
 AGREEMENT, AS SUCH TERM IS DEFINED BY SECTION EIGHT HUNDRED  SIXTEEN  OF
 THE  LABOR  LAW,  THAT  HAS  BEEN  REGISTERED WITH, AND APPROVED BY, THE
 COMMISSIONER OF LABOR OF THE STATE OF NEW YORK PURSUANT TO ARTICLE TWEN-
 TY-THREE OF THE LABOR LAW.
   BUILDING SERVICE OPPORTUNITY. THE TERM "BUILDING SERVICE  OPPORTUNITY"
 MEANS AN EMPLOYMENT OPPORTUNITY TO PERFORM BUILDING SERVICE WORK.
   BUILDING  SERVICE  OPPORTUNITY  LABOR HOUR. THE TERM "BUILDING SERVICE
 OPPORTUNITY LABOR HOUR" MEANS A LABOR HOUR PERFORMED  BY  AN  INDIVIDUAL
 EMPLOYED TO FILL A BUILDING SERVICE OPPORTUNITY.
   BUILDING  SERVICE  WORK.  THE  TERM  "BUILDING SERVICE WORK" MEANS THE
 CLASSIFICATIONS OF LABOR THAT THE APPLICABLE FISCAL OFFICER HAS  IDENTI-
 FIED  AS  CONSISTENT  WITH  SECTION TWO HUNDRED THIRTY OF THE LABOR LAW,
 REGARDLESS OF WHETHER SUCH LABOR CONSTITUTES BUILDING SERVICE  WORK  FOR
 WHICH  WORKERS  ARE ENTITLED TO PREVAILING WAGE PURSUANT TO ARTICLE NINE
 OF THE LABOR LAW.
   CITY-AFFILIATED NOT-FOR-PROFIT CORPORATION. THE TERM  "CITY-AFFILIATED
 NOT-FOR-PROFIT  CORPORATION"  MEANS  A  LOCAL DEVELOPMENT CORPORATION OR
 OTHER NOT-FOR-PROFIT  CORPORATION,  A  MAJORITY  OF  WHOSE  MEMBERS  ARE
 APPOINTED BY THE MAYOR.
   CONSTRUCTION. THE TERM "CONSTRUCTION" MEANS:
   (1) ANY LABOR OF A TYPE THAT THE APPLICABLE FISCAL OFFICER, AS DEFINED
 IN  PARAGRAPH E OF SUBDIVISION FIVE OF SECTION TWO HUNDRED TWENTY OF THE
 LABOR LAW, HAS IDENTIFIED IN A PUBLISHED SCHEDULE AS A CLASSIFICATION OF
 WORK PERFORMED BY LABORERS, WORKMEN OR MECHANICS, REGARDLESS OF  WHETHER
 SUCH LABOR CONSTITUTES PUBLIC WORK PURSUANT TO SUCH SECTION; AND
   (2)  ANY ADDITIONAL TYPES OF LABOR IDENTIFIED BY THE DIRECTOR BY RULE,
 PROVIDED THAT SUCH LABOR SHALL NOT INCLUDE BUILDING SERVICE WORK.
   CONTRACTOR. THE TERM "CONTRACTOR" MEANS AN INDIVIDUAL, COMPANY, CORPO-
 RATION, PARTNERSHIP, OR OTHER ENTITY THAT HAS ENTERED INTO A TRANSACTION
 WITH THE CITY, EXCEPT THAT THE TERM "CONTRACTOR" DOES NOT INCLUDE:
   (1) ANY GOVERNMENTAL ENTITY;
   (2)  ANY  MICROBUSINESS,  OTHER  THAN   A   MICROBUSINESS   PERFORMING
 CONSTRUCTION WORK UNDER A TRANSACTION; OR
   (3) ANY LABOR ORGANIZATION.
   DIRECTOR.  THE  TERM  "DIRECTOR"  MEANS  THE DIRECTOR OF THE OFFICE OF
 COMMUNITY HIRING AND WORKFORCE DEVELOPMENT OR HIS OR HER DESIGNEE.
   ECONOMICALLY DISADVANTAGED CANDIDATE. THE TERM "ECONOMICALLY DISADVAN-
 TAGED CANDIDATE" MEANS AN INDIVIDUAL:
   (1) WHOSE INCOME OR HOUSEHOLD INCOME FALLS BELOW AN APPLICABLE QUANTI-
 TATIVE THRESHOLD DETERMINED BY THE DIRECTOR, PROVIDED THAT  SUCH  INCOME
 SHALL  NOT  INCLUDE ANY TYPES OF PUBLIC BENEFITS PROVIDED BY THE FEDERAL
 A. 1385                             3
 
 GOVERNMENT OR A STATE OR LOCAL GOVERNMENT AND IDENTIFIED BY  THE  DIREC-
 TOR; AND
   (2) WHO IS CERTIFIED AS MEETING ALL APPLICABLE REQUIREMENTS.
   ECONOMICALLY  DISADVANTAGED  REGION.  THE TERM "ECONOMICALLY DISADVAN-
 TAGED REGION" MEANS AN AREA, REPRESENTED BY ITS ZIP CODE,  IN  WHICH  AT
 LEAST  FIFTEEN  PERCENT  OF  RESIDENTS  HAVE HOUSEHOLD INCOMES BELOW THE
 FEDERAL POVERTY THRESHOLD.
   ECONOMICALLY DISADVANTAGED REGION CANDIDATE.  THE  TERM  "ECONOMICALLY
 DISADVANTAGED  REGION CANDIDATE" MEANS AN INDIVIDUAL WHO IS CERTIFIED AS
 MEETING ALL APPLICABLE REQUIREMENTS AND WHO IS A:
   (1) RESIDENT  OF  AN  ADDRESS  WITHIN  AN  ECONOMICALLY  DISADVANTAGED
 REGION;
   (2) RESIDENT OF A BUILDING THAT IS:
   (I) OWNED OR OPERATED BY THE NEW YORK CITY HOUSING AUTHORITY; AND
   (II) SUBJECT TO SECTION NINE OF THE UNITED STATES HOUSING ACT OF NINE-
 TEEN HUNDRED THIRTY-SEVEN, AS AMENDED; OR
   (3) RESIDENT OF A DWELLING UNIT THAT IS:
   (I)  SUBJECT  TO A REGULATORY AGREEMENT WITH A FEDERAL, STATE OR LOCAL
 GOVERNMENT AGENCY REQUIRING THAT OCCUPANCY OF SUCH  UNIT  BE  RESTRICTED
 BASED ON THE INCOME OF THE OCCUPANTS; AND
   (II)  LOCATED  IN  A  BUILDING THAT WAS PREVIOUSLY OPERATED BY THE NEW
 YORK CITY HOUSING AUTHORITY, WAS PREVIOUSLY SUBJECT TO SECTION  NINE  OF
 THE  UNITED STATES HOUSING ACT OF NINETEEN THIRTY-SEVEN, AS AMENDED, AND
 IS SUBJECT TO SECTION EIGHT OF SUCH ACT.
   EMPLOYMENT OPPORTUNITY. THE  TERM  "EMPLOYMENT  OPPORTUNITY"  MEANS  A
 VACANCY IN A POSITION TO PERFORM SERVICES UNDER A TRANSACTION.
   EXEMPT TRANSACTION. THE TERM "EXEMPT TRANSACTION" INCLUDES ANY:
   (1) CONTRACT PROCURED PURSUANT TO SECTION ONE HUNDRED SIXTY-TWO OF THE
 STATE FINANCE LAW;
   (2)  CONTRACT  FOR  THE  PERFORMANCE  OF SERVICES BY A CITY-AFFILIATED
 NOT-FOR-PROFIT CORPORATION;
   (3) CONTRACT THE PRINCIPAL PURPOSE OF WHICH IS THE SUPPLY OF GOODS;
   (4) CONTRACT IN AN AMOUNT  BELOW  THE  SMALL  PURCHASE  THRESHOLD  SET
 PURSUANT  TO  THE  AUTHORITY AND PROCEDURE SET FORTH IN SUBDIVISION A OF
 SECTION THREE HUNDRED FOURTEEN OF THE CHARTER;
   (5) CONTRACT FOR CONFIDENTIAL OR INVESTIGATIVE SERVICES OR  ANY  OTHER
 TYPE  OF  CONTRACT EXCLUDED BY A RULE ADOPTED BY THE DIRECTOR BASED ON A
 DETERMINATION THAT THE APPLICATION OF GOALS  UNDER  THIS  PROGRAM  WOULD
 SUBSTANTIALLY UNDERMINE THE PRIMARY OBJECTIVE OF THAT TYPE OF CONTRACT;
   (6)  CONTRACT  SUBJECT  TO  FEDERAL OR STATE FUNDING REQUIREMENTS THAT
 PRECLUDE OR SUBSTANTIALLY CONFLICT WITH THE APPLICATION OF  GOALS  UNDER
 THIS PROGRAM;
   (7) CONTRACT FOR EMERGENCY DEMOLITION SERVICES PROCURED BY THE DEPART-
 MENT  OF  HOUSING PRESERVATION AND DEVELOPMENT PURSUANT TO THE PROCEDURE
 SET FORTH IN SECTION THREE HUNDRED FIFTEEN OF THE CHARTER; OR
   (8) LINE ITEM APPROPRIATIONS OR DISCRETIONARY  FUNDS  ALLOCATED  TO  A
 COMMUNITY-BASED  NOT-FOR-PROFIT  ORGANIZATION  OR  OTHER  PUBLIC SERVICE
 ORGANIZATION AND IDENTIFIED IN THE BUDGET ADOPTED  PURSUANT  TO  SECTION
 TWO  HUNDRED  FIFTY-FOUR  OF  THE  CHARTER OR ANY RELATED COUNCIL RESOL-
 UTIONS, EXCEPT AS OTHERWISE PROVIDED BY RULE BY THE DIRECTOR.
   LABOR ORGANIZATION. THE TERM  "LABOR  ORGANIZATION"  HAS  THE  MEANING
 PROVIDED  IN  SECTION  ONE HUNDRED FIFTY-TWO OF TITLE TWENTY-NINE OF THE
 UNITED STATES CODE, OR ANY SUCCESSOR PROVISION.
   MICROBUSINESS. THE TERM "MICROBUSINESS" MEANS AN INDIVIDUAL,  COMPANY,
 CORPORATION,  PARTNERSHIP  OR OTHER ENTITY THAT EMPLOYS NO LESS THAN ONE
 EMPLOYEE AND NO MORE THAN NINE EMPLOYEES.
 A. 1385                             4
 
   MWBE. THE TERM "MWBE" MEANS A BUSINESS  CERTIFIED  AS  A  MINORITY  OR
 WOMEN-OWNED  BUSINESS  ENTERPRISE  PURSUANT  TO ARTICLE FIFTEEN-A OF THE
 EXECUTIVE LAW OR SECTION THIRTEEN HUNDRED FOUR OF THE CHARTER.
   PROJECT  LABOR  AGREEMENT.  THE TERM "PROJECT LABOR AGREEMENT" MEANS A
 PRE-HIRE COLLECTIVE BARGAINING AGREEMENT ENTERED INTO BETWEEN  THE  CITY
 AND  A  BONA  FIDE  BUILDING  AND  CONSTRUCTION TRADE LABOR ORGANIZATION
 ESTABLISHING THE LABOR ORGANIZATION OR ITS AFFILIATES AS THE  COLLECTIVE
 BARGAINING  REPRESENTATIVE FOR ALL PERSONS WHO WILL PERFORM CONSTRUCTION
 WORK ON A TRANSACTION, PROVIDED SUCH AGREEMENT:
   (1) PROVIDES THAT ONLY CONTRACTORS AND SUBCONTRACTORS WHO SIGN A  PRE-
 NEGOTIATED  AGREEMENT  WITH THE LABOR ORGANIZATION CAN PERFORM SUCH WORK
 ON SUCH TRANSACTION; AND
   (2) INCLUDES GOALS FOR THE EMPLOYMENT OF QUALIFIED ECONOMICALLY DISAD-
 VANTAGED REGION CANDIDATES TO PERFORM SUCH WORK.
   REFERRAL SOURCE. THE  TERM  "REFERRAL  SOURCE"  MEANS  AN  INDIVIDUAL,
 COMPANY,  CORPORATION,  PARTNERSHIP,  AGENCY,  UNION REFERRAL SYSTEM, OR
 OTHER ENTITY SELECTED PURSUANT TO PARAGRAPH THREE OF  SUBDIVISION  A  OF
 SECTION  THIRTY-FIVE  HUNDRED  ONE  OF THIS CHAPTER TO MAKE REFERRALS OF
 CANDIDATES TO CONTRACTORS, PROSPECTIVE CONTRACTORS, SUBCONTRACTORS,  AND
 PROSPECTIVE  SUBCONTRACTORS  FOR  THE PURPOSES OF MEETING THE APPLICABLE
 EMPLOYMENT GOALS SET FORTH IN SUCH SECTION; PROVIDED THAT UNION REFERRAL
 SYSTEMS THAT HAVE AFFILIATED REGISTERED APPRENTICE PROGRAMS WITH  DIRECT
 ENTRY ACCESS FROM PRE-APPRENTICE PROGRAMS THAT ARE COMPLIANT WITH UNITED
 STATES  DEPARTMENT  OF LABOR OR NEW YORK STATE DEPARTMENT OF LABOR REGU-
 LATIONS, AS WELL AS UNION REFERRAL SYSTEMS  WITH  COMMUNITY  RECRUITMENT
 PROGRAMS,  SHALL  BE DEEMED AN APPROVED REFERRAL SOURCE FOR THE PURPOSES
 OF PARAGRAPH THREE OF SUBDIVISION  A  OF  SECTION  THREE  THOUSAND  FOUR
 HUNDRED TWO OF THIS CHAPTER.
   SMALL BUSINESS. THE TERM "SMALL BUSINESS" MEANS AN ENTITY THAT:
   (1) IS INDEPENDENTLY OWNED AND OPERATED; AND
   (2)  HAS ANNUAL GROSS REVENUES NOT EXCEEDING FIVE MILLION DOLLARS OR A
 LESSER AMOUNT ESTABLISHED BY THE DIRECTOR BY RULE.
   SUBCONTRACTOR. THE TERM "SUBCONTRACTOR" MEANS AN INDIVIDUAL,  COMPANY,
 CORPORATION, PARTNERSHIP OR OTHER ENTITY THAT HAS ENTERED INTO AN AGREE-
 MENT  WITH  A  CONTRACTOR  OR  ANOTHER SUBCONTRACTOR IN ORDER TO PERFORM
 SERVICES OR ANY OTHER OBLIGATION UNDER A TRANSACTION, PROVIDED THAT SUCH
 AGREEMENT INVOLVES THE PERFORMANCE OF CONSTRUCTION WORK OF ANY VALUE, OR
 THE TOTAL  DOLLAR  VALUE  OF  SUCH  AGREEMENT  EXCEEDS  TWENTY  THOUSAND
 DOLLARS,  AND  FURTHER  PROVIDED  THAT THE TERM "SUBCONTRACTOR" DOES NOT
 INCLUDE:
   (1) EMPLOYEES;
   (2) GOVERNMENTAL ENTITIES;
   (3)   MICROBUSINESSES,   OTHER   THAN    MICROBUSINESSES    PERFORMING
 CONSTRUCTION WORK UNDER A TRANSACTION; OR
   (4) LABOR ORGANIZATIONS.
   TRANSACTION.  THE  TERM  "TRANSACTION"  MEANS,  A PROCUREMENT CONTRACT
 EXCEPT THAT THE TERM "TRANSACTION" SHALL NOT INCLUDE ANY  EXEMPT  TRANS-
 ACTION.
   §  3501.  OFFICE  OF  COMMUNITY  HIRING  AND WORKFORCE DEVELOPMENT. A.
 OFFICE ESTABLISHED.  THE MAYOR SHALL ESTABLISH AN  OFFICE  OF  COMMUNITY
 HIRING  AND  WORKFORCE  DEVELOPMENT. SUCH OFFICE MAY BE ESTABLISHED AS A
 SEPARATE OFFICE OR WITHIN ANY DEPARTMENT THE HEAD OF WHICH IS  APPOINTED
 BY  THE  MAYOR. THE OFFICE OF COMMUNITY HIRING AND WORKFORCE DEVELOPMENT
 SHALL BE HEADED BY A DIRECTOR WHO SHALL BE APPOINTED  BY  THE  MAYOR  OR
 HEAD  OF  SUCH  DEPARTMENT.  THE  DIRECTOR  SHALL, AS THE DIRECTOR DEEMS
 A. 1385                             5
 
 APPROPRIATE, ADOPT RULES CONSISTENT WITH THE  PURPOSE  OF  THIS  CHAPTER
 RELATING TO EMPLOYMENT GOALS ON TRANSACTIONS, INCLUDING RULES:
   (1)  REQUIRING  CONTRACTORS  AND  SUBCONTRACTORS  TO AGREE TO PUBLICLY
 DISCLOSE EMPLOYMENT OPPORTUNITIES;
   (2) ESTABLISHING A PROCEDURE FOR THE CERTIFICATION OF  INDIVIDUALS  AS
 ECONOMICALLY DISADVANTAGED CANDIDATES, ECONOMICALLY DISADVANTAGED REGION
 CANDIDATES,  OR  BOTH, PROVIDED THAT SUCH CERTIFICATION PROCEDURE SHALL,
 TO THE EXTENT THE DIRECTOR DEEMS FEASIBLE, USE DATA SOURCES AND ADMINIS-
 TRATIVE PROCESSES ESTABLISHED  OR  MAINTAINED  BY  THE  CITY  FOR  OTHER
 PROGRAMS  OR  OPERATIONS  IN ORDER TO MINIMIZE ADMINISTRATIVE BURDENS ON
 CONTRACTORS, SUBCONTRACTORS, AND INDIVIDUALS;
   (3) ESTABLISHING A PROCEDURE BY WHICH THE DIRECTOR MAY APPROVE  REFER-
 RAL  SOURCES  FOR  THE  PURPOSES  OF  THIS SECTION, WHEREBY THE DIRECTOR
 SHALL:
   (I) PUBLICLY RELEASE A REFERRAL SOURCE SOLICITATION  THAT  INCLUDES  A
 DESCRIPTION  OF  FUNCTIONS  OF  A  REFERRAL  SOURCE, THE MANNER IN WHICH
 RESPONSES MUST BE SUBMITTED, AND THE CRITERIA BY WHICH RESPONDING  ENTI-
 TIES  WILL BE APPROVED, AND AUTHORIZE ONE OR MORE ENTITIES, AS APPROPRI-
 ATE, TO FUNCTION AS REFERRAL SOURCES, BASED ON THE CRITERIA INCLUDED  IN
 THE SOLICITATION;
   (II) AUTHORIZE AN AGENCY IN WRITING TO FUNCTION AS A REFERRAL SOURCE;
   (III)  AUTHORIZE,  IN WRITING, AN ENTITY ENGAGED PURSUANT TO AN AGREE-
 MENT WITH AN AGENCY FOR EMPLOYMENT RECRUITMENT SERVICES OR  OTHER  WORK-
 FORCE DEVELOPMENT SERVICES TO FUNCTION AS A REFERRAL SOURCE; OR
   (IV)  IDENTIFY  AND  DEEM  UNION REFERRAL SYSTEMS THAT HAVE AFFILIATED
 REGISTERED APPRENTICE PROGRAMS WITH DIRECT ENTRY ACCESS FROM PRE-APPREN-
 TICE PROGRAMS AND THAT ARE COMPLIANT WITH UNITED  STATES  DEPARTMENT  OF
 LABOR  OR  NEW  YORK  STATE  DEPARTMENT OF LABOR REGULATIONS, AS WELL AS
 UNION REFERRAL SYSTEMS WITH COMMUNITY RECRUITMENT PROGRAMS, AS  APPROVED
 REFERRAL SYSTEMS;
   (4)  ESTABLISHING  A  PROCEDURE THROUGH WHICH THE DIRECTOR MAY PROVIDE
 INFORMATION REGARDING REFERRAL SOURCES TO  CONTRACTORS,  SUBCONTRACTORS,
 PROSPECTIVE CONTRACTORS, AND PROSPECTIVE SUBCONTRACTORS;
   (5)  ESTABLISHING  A PROCEDURE BY WHICH THE DIRECTOR SHALL MONITOR AND
 CRITERIA BY WHICH THE DIRECTOR SHALL EVALUATE THE  PERFORMANCE  OF  EACH
 REFERRAL  SOURCE  ON  AN ANNUAL BASIS, AND WHERE THE DIRECTOR DETERMINES
 THAT A REFERRAL SOURCE HAS PERFORMED INADEQUATELY, TERMINATE OR  SUSPEND
 THE REFERRAL SOURCE;
   (6)  REQUIRING CONTRACTORS TO AGREE TO MAKE BEST EFFORTS TO INTERVIEW,
 AS APPROPRIATE,  AND  TO  EMPLOY  QUALIFIED  ECONOMICALLY  DISADVANTAGED
 REGION CANDIDATES IN ORDER TO MEET EMPLOYMENT GOALS RELATING TO BUILDING
 SERVICE WORK BASED ON:
   (I) THE PERCENTAGE OF BUILDING SERVICE OPPORTUNITIES FILLED BY ECONOM-
 ICALLY  DISADVANTAGED  REGION  CANDIDATES,  PROVIDED THAT IN CALCULATING
 SUCH GOALS, ABSORPTION HIRES SHALL NOT BE CONSIDERED; OR
   (II) THE  PERCENTAGE  OF  BUILDING  SERVICE  OPPORTUNITY  LABOR  HOURS
 PERFORMED BY ECONOMICALLY DISADVANTAGED REGION CANDIDATES, PROVIDED THAT
 IN  CALCULATING  SUCH  GOALS,  BUILDING  SERVICE OPPORTUNITY LABOR HOURS
 PERFORMED BY ABSORPTION HIRES SHALL NOT BE CONSIDERED;
   (7) REQUIRING CONTRACTORS AND SUBCONTRACTORS TO  AGREE  TO  MAKE  BEST
 EFFORTS TO EMPLOY QUALIFIED ECONOMICALLY DISADVANTAGED REGION CANDIDATES
 TO  PERFORM  NO  LESS  THAN  THIRTY  PERCENT  OF THE CUMULATIVE HOURS OF
 CONSTRUCTION LABOR ON  TRANSACTIONS  INVOLVING  CONSTRUCTION  WORK,  AND
 ADDITIONALLY REQUIRING, TO THE EXTENT FEASIBLE CONSISTENT WITH THE MAXI-
 MUM  RATIOS  OF  APPRENTICES TO JOURNEY-LEVEL WORKERS ESTABLISHED BY THE
 NEW YORK STATE DEPARTMENT OF LABOR, THAT SUCH  CONTRACTORS  AND  SUBCON-
 A. 1385                             6
 
 TRACTORS AGREE TO MAKE BEST EFFORTS TO EMPLOY APPRENTICES WHO ARE QUALI-
 FIED  ECONOMICALLY  DISADVANTAGED  REGION  CANDIDATES TO PERFORM NO LESS
 THAN NINE PERCENT  OF  SUCH  CUMULATIVE  HOURS  OF  CONSTRUCTION  LABOR,
 PROVIDED  THAT  LABOR PERFORMED BY APPRENTICES WHO ARE QUALIFIED ECONOM-
 ICALLY DISADVANTAGED REGION CANDIDATES SHALL  BE  CREDITED  TOWARDS  THE
 ACHIEVEMENT  OF  BOTH  EMPLOYMENT GOALS SET FORTH IN THIS PARAGRAPH, AND
 FURTHER PROVIDED THAT PRIOR TO RELEASING A  SOLICITATION  FOR  A  TRANS-
 ACTION  OR  OTHERWISE  INITIATING  A  PROCESS FOR ENTERING INTO A TRANS-
 ACTION, AS APPLICABLE, THE DIRECTOR MAY WAIVE  SUCH  REQUIREMENTS  WHERE
 THE  DIRECTOR  DETERMINES  IN  WRITING  THAT  SUCH WAIVER IS IN THE BEST
 INTEREST OF THE CITY;
   (8) REQUIRING CONTRACTORS TO AGREE TO MAKE BEST EFFORTS  TO  INTERVIEW
 AND  TO  EMPLOY QUALIFIED ECONOMICALLY DISADVANTAGED CANDIDATES IN ORDER
 TO  MEET  EMPLOYMENT  GOALS  RELATING  TO  WORK  THAT  NEITHER  INVOLVES
 CONSTRUCTION WORK NOR BUILDING SERVICE WORK, AND ESTABLISHING SUCH GOALS
 BASED ON:
   (I)  THE PERCENTAGE OF THE CUMULATIVE HOURS OF LABOR PERFORMED BY SUCH
 CANDIDATES;
   (II) THE PERCENTAGE OF EMPLOYMENT OPPORTUNITIES FILLED BY SUCH  CANDI-
 DATES; OR
   (III) THE TOTAL VALUE OF THE TRANSACTION;
   (9)  REQUIRING  SUBCONTRACTORS TO AGREE TO MAKE BEST EFFORTS TO INTER-
 VIEW, AS APPROPRIATE, AND TO EXTEND OFFERS OF  EMPLOYMENT  TO  QUALIFIED
 CANDIDATES  IN ORDER TO MEET ANY EMPLOYMENT GOALS DESCRIBED IN PARAGRAPH
 SIX OR EIGHT OF THIS  SUBDIVISION  AND  ESTABLISHED  PURSUANT  TO  RULES
 ADOPTED BY THE DIRECTOR;
   (10)  ESTABLISHING  A  SCHEDULE  OF  CIVIL PENALTIES, BASED ON FACTORS
 INCLUDING BUT NOT LIMITED TO A CONTRACTOR'S  INDUSTRY  OR  ANY  RELEVANT
 OCCUPATIONS EMPLOYED BY A CONTRACTOR OR SUBCONTRACTOR, THAT THE DIRECTOR
 OR  AN  APPLICABLE AGENCY MAY IMPOSE ON A CONTRACTOR DUE TO THE CONTRAC-
 TOR'S OR  SUBCONTRACTOR'S  NON-COMPLIANCE  WITH  AN  OBLIGATION  CREATED
 PURSUANT  TO  THIS  SECTION  AND  A PROCEDURE FOR THE IMPOSITION OF SUCH
 PENALTIES, WHICH WILL NOT EXCLUDE OTHER  REMEDIES  ESTABLISHED  IN  THIS
 CHARTER  OR  ANY  OTHER  LAW,  PROVIDED THAT ANY CIVIL PENALTIES IMPOSED
 PURSUANT TO THIS PARAGRAPH SHALL NOT EXCEED TWO  THOUSAND  FIVE  HUNDRED
 DOLLARS  FOR EACH NON-COMPLIANCE WITH SUCH AN OBLIGATION OR EACH FAILURE
 TO CORRECT SUCH NON-COMPLIANCE, AND FURTHER PROVIDED THAT  WHEN  PROMUL-
 GATING  RULES  ESTABLISHING  OR AMENDING SUCH A SCHEDULE OF CIVIL PENAL-
 TIES, THE DIRECTOR SHALL CONSIDER THE POTENTIAL IMPACT OF SUCH PENALTIES
 ON CONTRACTORS AND SUBCONTRACTORS THAT ARE MWBES, NOT-FOR-PROFIT  CORPO-
 RATIONS, OR SMALL BUSINESSES;
   (11) DESIGNATE PAPER OR ELECTRONIC FORMATS FOR THE SUBMISSION OF DOCU-
 MENTS  RELATED  TO  THE  SELECTION AND OPERATION OF REFERRAL SOURCES AND
 CONTRACTORS AND SUBCONTRACTORS SUBJECT TO GOALS PURSUANT  TO  PARAGRAPHS
 SIX  THROUGH  NINE OF THIS SUBDIVISION, AS APPLICABLE, INCLUDING BUT NOT
 LIMITED TO, DOCUMENTS CONTAINING INFORMATION REQUIRED PURSUANT TO  PARA-
 GRAPHS  ONE AND THREE OF THIS SUBDIVISION AND SUBDIVISION C AND SUBPARA-
 GRAPHS (E) AND (F) OF PARAGRAPH ONE OF SUBDIVISION D  OF  THIS  SECTION;
 SOLICITATION  DOCUMENTS AND RESPONSES, INCLUDING BIDS AND PROPOSALS; AND
 DATA RELATED TO LABOR  PERFORMED  PURSUANT  TO  TRANSACTIONS,  INCLUDING
 PAYROLL REPORTS, AS APPLICABLE; AND
   (12)  (A) AUTHORIZING THE DIRECTOR TO ESTABLISH FACTORS BY WHICH GOALS
 DESCRIBED IN PARAGRAPHS SIX, EIGHT, AND NINE OF THIS SUBDIVISION WILL BE
 ESTABLISHED FOR INDIVIDUAL TRANSACTION, INCLUDING:
   (I) THE SCOPE OF THE TRANSACTION;
 A. 1385                             7
 
   (II) THE AVAILABILITY OF QUALIFIED ECONOMICALLY  DISADVANTAGED  CANDI-
 DATES AND ECONOMICALLY DISADVANTAGED REGION CANDIDATES;
   (III)  THE  NATURE  OF  ANY EMPLOYMENT OPPORTUNITIES THAT THE DIRECTOR
 EXPECTS WILL RESULT FROM THE TRANSACTION;
   (IV) THE POTENTIAL IMPACT OF SUCH GOAL ON CONTRACTORS AND  SUBCONTRAC-
 TORS,  AS  APPLICABLE,  THAT  ARE MWBES, NOT-FOR-PROFIT CORPORATIONS, OR
 SMALL BUSINESSES; AND
   (V) ANY OTHER SIMILAR FACTORS.
   (B) PRIOR TO SETTING A GOAL PURSUANT TO THIS SUBDIVISION FOR AN  INDI-
 VIDUAL  TRANSACTION,  THE  AGENCY  ENTERING  INTO  THE TRANSACTION SHALL
 CONSIDER THE GOALS SET FOR PREVIOUS, SIMILAR  TRANSACTIONS  AND  WHETHER
 SUCH GOALS WERE APPROPRIATE FOR SUCH TRANSACTIONS.
   B.  LISTS  OF ECONOMICALLY DISADVANTAGED REGIONS. NO LATER THAN NINETY
 DAYS AFTER THE EFFECTIVE DATE OF THIS SECTION, AND AT LEAST ONCE  DURING
 EACH TWELVE-MONTH PERIOD THEREAFTER, THE DIRECTOR SHALL PUBLISH A REPORT
 INCLUDING  AN  UPDATED  LIST  OF  ALL ECONOMICALLY DISADVANTAGED REGIONS
 WITHIN A RADIUS OF ONE HUNDRED MILES OF THE CITY  OR  ALL  SUCH  ECONOM-
 ICALLY DISADVANTAGED REGIONS WITHIN THE METROPOLITAN AREA. NOTHING SHALL
 PRECLUDE  AN INDIVIDUAL WHOSE RESIDENCE IS WITHIN AN ECONOMICALLY DISAD-
 VANTAGED REGION THAT IS NOT INCLUDED IN SUCH LIST FROM QUALIFYING AS  AN
 ECONOMICALLY  DISADVANTAGED  REGION  CANDIDATE FOR THE PURPOSES OF GOALS
 SET UNDER THIS SECTION.
   C. REPORTING. NO LATER THAN ONE HUNDRED EIGHTY DAYS AFTER  THE  EFFEC-
 TIVE  DATE  OF  THIS  SECTION AND EACH QUARTER THEREAFTER, THE OFFICE OF
 COMMUNITY HIRING AND WORKFORCE DEVELOPMENT SHALL PUBLISH A REPORT  ON  A
 WEBSITE  MAINTAINED OR CONTROLLED BY THE CITY, PURSUANT TO RULES ADOPTED
 BY THE DIRECTOR, THAT SHALL INCLUDE, FOR EACH TRANSACTION SUBJECT  TO  A
 GOAL ESTABLISHED PURSUANT TO PARAGRAPHS SIX, SEVEN, OR EIGHT OF SUBDIVI-
 SION  A  OF  THIS  SECTION,  INFORMATION DEMONSTRATING THE CORRESPONDING
 CONTRACTOR'S PROGRESS TOWARDS MEETING SUCH GOAL AND, IF APPLICABLE,  ANY
 SUBCONTRACTORS'  PROGRESS  TOWARDS MEETING ANY GOAL ESTABLISHED PURSUANT
 TO PARAGRAPHS SEVEN OR NINE OF SUBDIVISION A OF THIS SECTION, AND AGGRE-
 GATE INFORMATION REGARDING THE DEMOGRAPHICS AND COMPENSATION OF  ECONOM-
 ICALLY   DISADVANTAGED  REGION  CANDIDATES,  ECONOMICALLY  DISADVANTAGED
 CANDIDATES, AND APPRENTICES WHO ARE  ECONOMICALLY  DISADVANTAGED  REGION
 CANDIDATES,  AS APPLICABLE, RELATIVE TO ALL INDIVIDUALS EMPLOYED BY SUCH
 CONTRACTOR AND, IF APPLICABLE, SUBCONTRACTORS ON  SUCH  TRANSACTION.  IN
 COMPILING THIS REPORT, THE DIRECTOR SHALL, TO THE EXTENT HE OR SHE DEEMS
 FEASIBLE,  USE  DATA  SOURCES  ESTABLISHED OR MAINTAINED BY THE CITY FOR
 OTHER PROGRAMS OR OPERATIONS IN ORDER TO MINIMIZE ADMINISTRATIVE BURDENS
 ON CONTRACTORS AND SUBCONTRACTORS,  PROVIDED  THAT  WHERE  THE  DIRECTOR
 DETERMINES  THAT  SUCH  DATA  SOURCES  CANNOT  BE  USED TO COMPLETE SUCH
 REPORT, THE DIRECTOR MAY ADOPT RULES REQUIRING CONTRACTORS  AND  SUBCON-
 TRACTORS  TO  PROVIDE  SUCH  ADDITIONAL  DATA NECESSARY TO COMPLETE THIS
 REPORT, AND TO CERTIFY THE  ACCURACY  OF  SUCH  ADDITIONAL  INFORMATION.
 NOTHING IN THIS SUBDIVISION SHALL BE INTERPRETED TO AUTHORIZE THE DIREC-
 TOR  TO PROMULGATE RULES REQUIRING LABOR ORGANIZATIONS TO PROVIDE INFOR-
 MATION ON A REGULAR BASIS TO COMPLETE SUCH REPORTS.
   D. BEST EFFORTS. (1) IN DETERMINING WHETHER A  CONTRACTOR  OR  SUBCON-
 TRACTOR  HAS  EXERCISED BEST EFFORTS TO MEET THE EMPLOYMENT GOALS ESTAB-
 LISHED PURSUANT TO SUBDIVISION A OF THIS  SECTION,  THE  DIRECTOR  SHALL
 CONSIDER THE DEGREE TO WHICH THE CONTRACTOR OR SUBCONTRACTOR HAS ENDEAV-
 ORED:
   (A)  TO  REVIEW  ECONOMICALLY  DISADVANTAGED  REGION  CANDIDATES'  AND
 ECONOMICALLY DISADVANTAGED CANDIDATES' QUALIFICATIONS, AS APPLICABLE, IN
 GOOD FAITH;
 A. 1385                             8
 
   (B) TO ADVERTISE EMPLOYMENT OPPORTUNITIES, AS APPLICABLE, IN A  MANNER
 REASONABLY  INTENDED  TO  ATTRACT  QUALIFIED  ECONOMICALLY DISADVANTAGED
 CANDIDATES OR ECONOMICALLY DISADVANTAGED REGION CANDIDATES, EXCEPT  THAT
 CONTRACTORS  AND SUBCONTRACTORS PERFORMING CONSTRUCTION WORK PURSUANT TO
 A  PROJECT LABOR AGREEMENT SHALL NOT BE REQUIRED TO ADVERTISE EMPLOYMENT
 OPPORTUNITIES FOR CONSTRUCTION WORK;
   (C) TO COORDINATE WITH REFERRAL SOURCES OR APPRENTICESHIP PROGRAMS, AS
 APPLICABLE, IN ORDER TO INTERVIEW, IF APPLICABLE, AND EMPLOY SUCH CANDI-
 DATES IDENTIFIED BY SUCH REFERRAL SOURCES  OR  APPRENTICESHIP  PROGRAMS,
 PROVIDED THAT FOR CONTRACTORS AND SUBCONTRACTORS PERFORMING CONSTRUCTION
 WORK  PURSUANT  TO  A  PROJECT  LABOR AGREEMENT, THE DIRECTOR SHALL ONLY
 CONSIDER THE DEGREE TO WHICH THE CONTRACTOR OR SUBCONTRACTOR HAS ENDEAV-
 ORED TO MEET SUCH GOALS BY COMPLYING WITH  THE  REFERRAL  PROVISIONS  OF
 SUCH PROJECT LABOR AGREEMENT;
   (D)  TO REVIEW AND ORGANIZE THE WORK UNDER THE TRANSACTION IN ORDER TO
 ELIMINATE OBSTACLES TO MEETING SUCH EMPLOYMENT GOALS;
   (E) TO MONITOR AND TO DOCUMENT  THE  CONTRACTOR'S  OR  SUBCONTRACTOR'S
 EFFORTS TO MEET THE EMPLOYMENT GOALS;
   (F)  TO  CONTACT THE OFFICE OF COMMUNITY HIRING AND WORKFORCE DEVELOP-
 MENT AT ROUTINE INTERVALS, OR AS OTHERWISE REQUIRED BY RULE,  TO  INFORM
 THE  DIRECTOR OF THE CONTRACTOR'S OR SUBCONTRACTOR'S EFFORTS TO MEET THE
 EMPLOYMENT GOALS; AND
   (G) TO TAKE ALL OTHER COMMERCIALLY  REASONABLE  ACTIONS  TO  MEET  THE
 EMPLOYMENT GOALS.
   (2) IN ORDER TO EXERCISE BEST EFFORTS, NEITHER CONTRACTORS NOR SUBCON-
 TRACTORS ARE REQUIRED:
   (A) TO UNDERTAKE AN UNDUE FINANCIAL BURDEN;
   (B)  TO  TERMINATE OR SUBSTANTIALLY REDUCE THE WORK LEVELS OF ANY OF A
 CONTRACTOR'S OR SUBCONTRACTOR'S EXISTING EMPLOYEES;
   (C) TO EXTEND AN OFFER OF EMPLOYMENT  TO  AN  INDIVIDUAL  WHOSE  LABOR
 WOULD NOT BE COMMERCIALLY USEFUL; OR
   (D)  TO  FORGO  FILLING BUILDING SERVICE OPPORTUNITIES WITH ABSORPTION
 HIRES.
   E. DISCRETIONARY  APPLICATION  OF  GOALS.  NOTWITHSTANDING  ANY  OTHER
 PROVISION  OF THIS SECTION, EMPLOYMENT GOALS AUTHORIZED UNDER PARAGRAPHS
 SIX THROUGH NINE OF SUBDIVISION A OF  THIS  SECTION  MAY,  BUT  ARE  NOT
 REQUIRED TO BE, ESTABLISHED FOR TRANSACTIONS THAT ARE EMERGENCY PROCURE-
 MENT  CONTRACTS  PROCURED PURSUANT TO THE PROCEDURE SET FORTH IN SECTION
 THREE HUNDRED FIFTEEN OF THE CHARTER.
   F. ADJUSTMENT OF CONSTRUCTION GOALS. ON A BIANNUAL BASIS, THE DIRECTOR
 SHALL REVIEW AND THEREAFTER MAY PROMULGATE RULES INCREASING OR  DECREAS-
 ING  THE VALUE OF THE EMPLOYMENT GOALS ESTABLISHED UNDER PARAGRAPH SEVEN
 OF SUBDIVISION A OF THIS SECTION.
   G. WAGE PAYMENT ASSURANCES. THE DIRECTOR MAY PROMULGATE RULES  SETTING
 FORTH  STANDARDS AND A PROCEDURE BY WHICH CONTRACTORS AND SUBCONTRACTORS
 THAT THE DIRECTOR HAS DETERMINED HAVE A RECORD OF FAILING TO PAY  WAGES,
 INCLUDING  BUT  NOT  LIMITED  TO  PREVAILING WAGES AND BENEFITS REQUIRED
 PURSUANT TO ARTICLE EIGHT OF THE LABOR LAW,  TO  INDIVIDUALS  PERFORMING
 CONSTRUCTION  LABOR  UNDER  A  TRANSACTION  SHALL BE REQUIRED TO PROVIDE
 ADDITIONAL ASSURANCES ACCEPTABLE TO THE DIRECTOR  IN  ORDER  TO  RECEIVE
 CREDIT  TOWARDS  THE  ACHIEVEMENT OF EMPLOYMENT GOALS SET FORTH IN PARA-
 GRAPH SEVEN OF SUBDIVISION A OF THIS SECTION.
   § 3. Paragraph 1 of subdivision b of section 311 of the New York  city
 charter,  as  amended by local law number 20 of the city of New York for
 the year 2004, is amended to read as follows:
 A. 1385                             9
 
   1.  the  methods  for  soliciting  bids  or  proposals  and   awarding
 contracts, consistent with the provisions of this chapter, PROVIDED THAT
 THE DIRECTOR OF THE OFFICE OF COMMUNITY HIRING AND WORKFORCE DEVELOPMENT
 MAY  PROMULGATE RULES AUTHORIZING AGENCIES TO INCORPORATE INTO THE AWARD
 METHODOLOGY  FOR ANY CONTRACT A QUANTITATIVE FACTOR BASED ON A BIDDER OR
 PROPOSER'S CAPACITY TO MEET OR  EXCEED  GOALS  ESTABLISHED  PURSUANT  TO
 SUBDIVISION  A  OF  SECTION  THIRTY-FIVE HUNDRED ONE OF THE CHARTER, AND
 FURTHER PROVIDED THAT AGENCIES INCORPORATING SUCH A QUANTITATIVE  FACTOR
 INTO  THE AWARD METHODOLOGY FOR A CONTRACT PURSUANT TO SUCH A RULE SHALL
 CONSIDER THE POTENTIAL IMPACT OF SUCH A  QUANTITATIVE  FACTOR  ON  BUSI-
 NESSES  CERTIFIED AS MINORITY OR WOMEN-OWNED BUSINESS ENTERPRISES PURSU-
 ANT TO ARTICLE FIFTEEN-A  OF  THE  EXECUTIVE  LAW  OR  SECTION  THIRTEEN
 HUNDRED  FOUR  OF  THE  CHARTER,  NOT-FOR-PROFIT CORPORATIONS, AND SMALL
 BUSINESSES, AS SUCH TERM IS DEFINED IN SECTION  THIRTY-FIVE  HUNDRED  OF
 THE CHARTER;
   §  4.  Subparagraphs  (x) and (xi) of paragraph a of subdivision 36 of
 section 2590-h of the education law, as amended by  chapter  98  of  the
 laws of 2019, are amended and two new subparagraphs (xii) and (xiii) are
 added to read as follows:
   (x)  a  process for emergency procurement in the case of an unforeseen
 danger to life, safety, property or a necessary  service  provided  that
 such  procurement  shall be made with such competition as is practicable
 under the circumstances and that a written determination  of  the  basis
 for the emergency procurement shall be required and filed with the comp-
 troller  of  the  city of New York when such emergency contract is filed
 with such comptroller; [and]
   (xi) procedures for the fair  and  equitable  resolution  of  contract
 disputes[.];
   (XII)  EMPLOYMENT  GOALS  ESTABLISHED  IN  ACCORDANCE WITH THE PROGRAM
 ESTABLISHED PURSUANT TO SECTION THIRTY-FIVE HUNDRED ONE OF THE NEW  YORK
 CITY  CHARTER, INCLUDING BUT NOT LIMITED TO EMPLOYMENT GOALS ESTABLISHED
 PURSUANT TO PARAGRAPH SEVEN OF SUBDIVISION A AND THE CORRESPONDING  BEST
 EFFORTS PROVISIONS SET FORTH IN SUBDIVISION D OF SUCH SECTION; PROVIDED,
 HOWEVER,  THAT  WHERE A PROVISION OF SUCH SECTION REQUIRES ACTION BY THE
 DIRECTOR OF THE OFFICE OF COMMUNITY HIRING  AND  WORKFORCE  DEVELOPMENT,
 SUCH ACTION SHALL NOT BE TAKEN BY THE DIRECTOR OF THE OFFICE OF COMMUNI-
 TY HIRING AND WORKFORCE DEVELOPMENT BUT SHALL BE TAKEN BY THE CHANCELLOR
 OR HIS OR HER DESIGNEE; AND
   (XIII)  A  QUANTITATIVE  FACTOR  TO BE USED IN THE EVALUATION OF BIDS,
 PROPOSALS OR OTHER OFFERS FOR THE  PURPOSES  OF  AWARDING  OF  CONTRACTS
 BASED  ON  A  BIDDER,  PROPOSER  OR  OTHER OFFERER'S CAPACITY TO MEET OR
 EXCEED GOALS ESTABLISHED PURSUANT TO SUBPARAGRAPH (XII)  OF  THIS  PARA-
 GRAPH, PROVIDED THAT, WHEN INCORPORATING SUCH A QUANTITATIVE FACTOR INTO
 THE  AWARD  PROCESS  FOR  A CONTRACT, THE CHANCELLOR, SUPERINTENDENT, OR
 SCHOOL, AS APPLICABLE, SHALL CONSIDER THE POTENTIAL  IMPACT  OF  SUCH  A
 QUANTITATIVE  FACTOR  ON BUSINESSES CERTIFIED AS MINORITY OR WOMEN-OWNED
 BUSINESS ENTERPRISES PURSUANT TO ARTICLE FIFTEEN-A OF THE EXECUTIVE  LAW
 OR  SECTION THIRTEEN HUNDRED FOUR OF THE NEW YORK CITY CHARTER, NOT-FOR-
 PROFIT CORPORATIONS, AND SMALL BUSINESSES, AS SUCH TERM  IS  DEFINED  IN
 SECTION THIRTY-FIVE HUNDRED OF SUCH CHARTER.
   §  5.  Subdivision (c) of section 917 of the general municipal law, as
 separately amended by chapter 1082 of the laws of 1974 and  chapter  239
 of the laws of 2001, is amended to read as follows:
   (c)  For the benefit of the city and the inhabitants thereof an indus-
 trial development agency, to be known as the New  York  City  Industrial
 Development  Agency, is hereby established for the accomplishment of any
 A. 1385                            10
 
 or all of the purposes specified in title one of article  eighteen-A  of
 this  chapter,  except  that it shall not have the power to construct or
 rehabilitate any residential facility or housing of any nature and  kind
 whatsoever,   nor  shall  it  use  any  of  its  funds  to  further  the
 construction or rehabilitation of any residential facility or housing of
 any nature and kind whatsoever. It shall constitute a body corporate and
 politic, and be perpetual in duration. It shall only have the powers and
 duties conferred by title one of article eighteen-A of this chapter upon
 industrial development agencies as of January 1,  1973  except  that  it
 shall have the power to finance a rail freight facility AND THE POWER TO
 ESTABLISH  EMPLOYMENT  GOALS  IN ACCORDANCE WITH THE PROGRAM ESTABLISHED
 PURSUANT TO SECTION THIRTY-FIVE HUNDRED ONE OF THE NEW YORK  CITY  CHAR-
 TER,  INCLUDING BUT NOT LIMITED TO EMPLOYMENT GOALS ESTABLISHED PURSUANT
 TO PARAGRAPH SEVEN OF SUBDIVISION A AND THE CORRESPONDING  BEST  EFFORTS
 PROVISIONS  SET FORTH IN SUBDIVISION D OF SUCH SECTION; PROVIDED, HOWEV-
 ER, THAT WHERE A PROVISION OF SUCH SECTION REQUIRES ACTION BY THE DIREC-
 TOR OF THE OFFICE OF COMMUNITY HIRING AND  WORKFORCE  DEVELOPMENT,  SUCH
 ACTION  SHALL  NOT  BE  TAKEN BY THE DIRECTOR OF THE OFFICE OF COMMUNITY
 HIRING AND WORKFORCE DEVELOPMENT BUT SHALL BE TAKEN BY THE CHIEF  EXECU-
 TIVE OFFICER OF THE AGENCY OR HIS OR HER DESIGNEE, and it shall not have
 the power of condemnation.  In the exercise of the powers conferred upon
 such  agency with respect to the acquisition of real property by article
 eighteen-A of this chapter such agency shall be limited to the geograph-
 ical jurisdictional limits of the city.
   § 6. Section 816-b of the labor law, as added by chapter  571  of  the
 laws of 2001, is amended to read as follows:
   §   816-b.  Apprenticeship  participation  on  [construction]  CERTAIN
 GOVERNMENTAL contracts. 1. For purposes of this section:
   (a) "governmental entity" shall mean the state, any state  agency,  as
 that  term is defined in section two-a of the state finance law, munici-
 pal corporation, commission appointed pursuant to law, school  district,
 district  corporation,  board  of education, board of cooperative educa-
 tional services, soil conservation district, and public  benefit  corpo-
 ration; [and]
   (b) "construction contract" shall mean any contract to which a govern-
 mental  entity  may  be  a  direct  or indirect party which involves the
 design, construction, reconstruction, improvement, rehabilitation, main-
 tenance, repair, furnishing, equipping of or otherwise providing for any
 building, facility or physical structure of any kind; AND
   (C) "CITY GOVERNMENTAL ENTITY" MEANS A GOVERNMENTAL ENTITY THAT IS (I)
 A CITY WITH A POPULATION OF ONE MILLION OR MORE INHABITANTS; OR  (II)  A
 CITY  SCHOOL  DISTRICT OR PUBLIC BENEFIT CORPORATION OPERATING PRIMARILY
 WITHIN A CITY WITH A POPULATION OF ONE MILLION OR MORE INHABITANTS.
   2. Notwithstanding any other provision of this article, of section one
 hundred three of the general municipal law, of section one hundred thir-
 ty-five of the state finance law, of section one  hundred  fifty-one  of
 the public housing law, or of any other general, special or local law or
 administrative  code,  in  entering  into  any  construction contract, a
 governmental entity [which] THAT is to be a direct or indirect party  to
 such  contract may require that any contractors and subcontractors have,
 prior to entering into such contract, apprenticeship  agreements  appro-
 priate  for  the  type and scope of work to be performed, that have been
 registered with, and approved  by,  the  commissioner  pursuant  to  the
 requirements  found in this article.  A CITY GOVERNMENTAL ENTITY THAT IS
 A DIRECT OR INDIRECT PARTY TO A CONTRACT, INCLUDING BUT NOT LIMITED TO A
 CONSTRUCTION CONTRACT, MAY ESTABLISH IN ITS SPECIFICATIONS A REQUIREMENT
 A. 1385                            11
 
 THAT, IN PERFORMING THE WORK,  THE  CONTRACTOR  AND  ITS  SUBCONTRACTORS
 UTILIZE  A  MINIMUM  RATIO  OF  APPRENTICES TO JOURNEY-LEVEL WORKERS, AS
 ESTABLISHED BY THE GOVERNMENT ENTITY BUT SUBJECT TO  ANY  MAXIMUM  RATIO
 ESTABLISHED BY THE DEPARTMENT OF LABOR, FOR ANY CLASSIFICATION APPROPRI-
 ATE  FOR  THE  TYPE  AND SCOPE OF WORK TO BE PERFORMED, PROVIDED THAT NO
 SUCH MINIMUM RATIO SHALL BE ESTABLISHED FOR LABOR PERFORMED PURSUANT  TO
 A  CONSTRUCTION CONTRACT SUBJECT TO A GOAL FOR THE EMPLOYMENT OF APPREN-
 TICES WHO RESIDE IN ECONOMICALLY DISADVANTAGED REGIONS. Whenever utiliz-
 ing [this requirement] THESE REQUIREMENTS, the governmental entity  may,
 in addition to whatever considerations are required by law, consider the
 degree to which career opportunities in apprenticeship training programs
 approved by the commissioner may be provided.
   §  7.  Notwithstanding  any  law  to the contrary, any city-affiliated
 not-for-profit corporation, as such term is defined in section  3500  of
 the  New  York city charter, is authorized to establish employment goals
 in accordance with the program established pursuant to section  3501  of
 such  charter, including but not limited to employment goals established
 pursuant to paragraph 7 of subdivision  a  and  the  corresponding  best
 efforts provisions set forth in subdivision d of such section; provided,
 however,  that  where a provision of such section requires action by the
 director of the office of community hiring and workforce development  of
 the  city of New York, such action shall not be taken by the director of
 the office of community hiring and workforce development  but  shall  be
 taken  by  the  chief  executive  officer of such corporation, or a duly
 appointed designee.
   § 8. Section 1728 of the public authorities law is amended by adding a
 new subdivision 15-a to read as follows:
   15-A. TO ESTABLISH EMPLOYMENT GOALS IN  ACCORDANCE  WITH  THE  PROGRAM
 ESTABLISHED  PURSUANT TO SECTION THIRTY-FIVE HUNDRED ONE OF THE NEW YORK
 CITY CHARTER, INCLUDING BUT NOT LIMITED TO EMPLOYMENT GOALS  ESTABLISHED
 PURSUANT  TO PARAGRAPH SEVEN OF SUBDIVISION A AND THE CORRESPONDING BEST
 EFFORTS PROVISIONS SET FORTH IN SUBDIVISION D OF SUCH SECTION; PROVIDED,
 HOWEVER, THAT WHERE A PROVISION OF SUCH SECTION REQUIRES ACTION  BY  THE
 DIRECTOR  OF  THE  OFFICE OF COMMUNITY HIRING AND WORKFORCE DEVELOPMENT,
 SUCH ACTION SHALL NOT BE TAKEN BY THE DIRECTOR OF THE OFFICE OF COMMUNI-
 TY HIRING AND WORKFORCE DEVELOPMENT BUT SHALL BE TAKEN BY THE  PRESIDENT
 OF THE AUTHORITY OR HIS OR HER DESIGNEE;
   §  9. The opening paragraph of paragraph d of subdivision 5 of section
 1734 of the public authorities law, as added by chapter 738 of the  laws
 of 1988, is amended to read as follows:
   the  authority  determines  that it is in the public interest to award
 contracts pursuant to a process for competitive requests  for  proposals
 as  hereinafter  set  forth. For purposes of this section, a process for
 competitive requests for proposals shall mean  a  method  of  soliciting
 proposals and awarding a contract on the basis of a formal evaluation of
 the  characteristics,  such  as  quality,  cost,  delivery schedule, THE
 CAPACITY TO MEET OR EXCEED THE GOALS SET FORTH IN SUBDIVISION  FIFTEEN-A
 OF SECTION SEVENTEEN HUNDRED TWENTY-EIGHT OF THIS TITLE and financing of
 such  proposals  against stated selection criteria. Public notice of the
 requests for proposals shall be given in the same manner as provided  in
 subdivision three of this section and shall include the selection crite-
 ria. In the event the authority makes a material change in the selection
 criteria  from those previously stated in the notice, it will inform all
 proposers of such change and permit proposers to modify their proposals.
 WHEN THE AUTHORITY INCLUDES IN THE SELECTION CRITERIA FOR A REQUEST  FOR
 PROPOSALS  A  QUANTITATIVE FACTOR BASED ON A PROPOSER'S CAPACITY TO MEET
 A. 1385                            12
 
 OR EXCEED THE GOALS SET FORTH IN SUBDIVISION FIFTEEN-A OF SECTION SEVEN-
 TEEN HUNDRED TWENTY-EIGHT OF THIS TITLE, THE  AUTHORITY  SHALL  CONSIDER
 THE  POTENTIAL IMPACT OF SUCH A QUANTITATIVE FACTOR ON BUSINESSES CERTI-
 FIED AS MINORITY OR WOMEN-OWNED BUSINESS ENTERPRISES PURSUANT TO ARTICLE
 FIFTEEN-A OF THE EXECUTIVE LAW, SECTION THIRTEEN HUNDRED FOUR OF THE NEW
 YORK  CITY  CHARTER,  OR  SECTION  SEVENTEEN HUNDRED FORTY-THREE OF THIS
 TITLE, NOT-FOR-PROFIT CORPORATIONS, AND SMALL BUSINESSES, AS  SUCH  TERM
 IS DEFINED IN SECTION THIRTY-FIVE HUNDRED OF THE NEW YORK CITY CHARTER.
   §  10.  Section  5  of  section 1 of chapter 1016 of the laws of 1969,
 constituting the New York city health and hospitals corporation act,  is
 amended by adding a new subdivision 20-a to read as follows:
   20-A.  TO  ESTABLISH  EMPLOYMENT  GOALS IN ACCORDANCE WITH THE PROGRAM
 ESTABLISHED PURSUANT TO SECTION THIRTY-FIVE HUNDRED ONE OF THE NEW  YORK
 CITY  CHARTER, INCLUDING BUT NOT LIMITED TO EMPLOYMENT GOALS ESTABLISHED
 PURSUANT TO PARAGRAPH SEVEN OF SUBDIVISION A AND THE CORRESPONDING  BEST
 EFFORTS PROVISIONS SET FORTH IN SUBDIVISION D OF SUCH SECTION; PROVIDED,
 HOWEVER,  THAT  WHERE A PROVISION OF SUCH SECTION REQUIRES ACTION BY THE
 DIRECTOR OF THE OFFICE OF COMMUNITY HIRING  AND  WORKFORCE  DEVELOPMENT,
 SUCH ACTION SHALL NOT BE TAKEN BY THE DIRECTOR OF THE OFFICE OF COMMUNI-
 TY  HIRING  AND  WORKFORCE  DEVELOPMENT  BUT  SHALL  BE  TAKEN BY A DULY
 APPOINTED DESIGNEE OF THE CORPORATION; AND
   § 11. Section 8 of section 1 of chapter 1016  of  the  laws  of  1969,
 constituting  the New York city health and hospitals corporation act, is
 amended by adding a new subdivision 1-a to read as follows:
   1-A. NOTWITHSTANDING ANY OTHER PROVISION IN THIS ACT, THE  CORPORATION
 MAY ESTABLISH A QUANTITATIVE FACTOR TO BE USED IN THE EVALUATION OF BIDS
 FOR  THE  PURPOSES OF AWARDING OF CONTRACTS BASED ON A BIDDER'S CAPACITY
 TO MEET OR EXCEED GOALS ESTABLISHED PURSUANT TO SUBDIVISION TWENTY-A  OF
 SECTION  FIVE  OF THIS ACT, PROVIDED THAT WHEN ESTABLISHING SUCH A QUAL-
 ITATIVE FACTOR, THE CORPORATION SHALL CONSIDER THE POTENTIAL  IMPACT  OF
 SUCH  A  QUANTITATIVE  FACTOR  ON  BUSINESSES  CERTIFIED  AS MINORITY OR
 WOMEN-OWNED BUSINESS ENTERPRISES PURSUANT TO ARTICLE  FIFTEEN-A  OF  THE
 EXECUTIVE  LAW  OR  SECTION  THIRTEEN  HUNDRED FOUR OF THE NEW YORK CITY
 CHARTER, NOT-FOR-PROFIT CORPORATIONS, AND SMALL BUSINESSES, AS SUCH TERM
 IS DEFINED IN SECTION THIRTY-FIVE HUNDRED OF THE NEW YORK CITY CHARTER;
   § 12. Subdivision b of section 2 of chapter 749 of the laws  of  2019,
 constituting  the  New York city public works investment act, is amended
 by adding a new paragraph 12-a to read as follows:
   (12-A) A QUANTITATIVE FACTOR TO BE USED IN THE EVALUATION OF  BIDS  OR
 OFFERS FOR AWARDING OF CONTRACTS BASED ON A BIDDER OR OFFERER'S CAPACITY
 TO MEET OR EXCEED GOALS ESTABLISHED PURSUANT TO SUBDIVISION A OF SECTION
 3501 OF THE NEW YORK CITY CHARTER;
   §  13.  No  provision of this act shall be construed to invalidate any
 provision of a project labor agreement,  as  such  term  is  defined  in
 section  3500  of  the  New York city charter as added by section two of
 this act, or otherwise affect the contractual rights  of  any  party  to
 such an agreement.
   §  14.  If  any clause, sentence, paragraph, or section of this act is
 declared invalid or unconstitutional by any court of competent jurisdic-
 tion, after exhaustion of all  further  judicial  review,  such  portion
 shall  be  deemed  severable, and the court's judgment shall not affect,
 impair or invalidate the remainder of this act, but shall be confined in
 its operation to the clause, sentence, paragraph, or section of this act
 directly involved in the controversy in which the judgment was rendered.
   § 15. This act shall take effect on  the  one  hundred  eightieth  day
 after  it  shall have become a law; provided that effective immediately,
 A. 1385                            13
 
 the addition, amendment and/or repeal of any rule or  regulation  neces-
 sary  for  the  implementation  of  this  act  on its effective date are
 authorized to be made and completed on or before such effective date  by
 the director of the office of community hiring and workforce development
 of  the  city of New York, the chancellor and the city board of the city
 school district of the city of New York, the president of the  New  York
 city  school  construction authority, the duly appointed designee of the
 New York city health and  hospitals  corporation,  the  chief  executive
 officer  of  the  New  York  city industrial development agency, and the
 chief executive officer of  any  city-affiliated  not-for-profit  corpo-
 ration,  as  such  term  is defined by section 3500 of the New York city
 charter as added by section two of this act; provided further that:
   (1) sections one, two, three, five,  six,  seven,  eight,  nine,  ten,
 eleven,  thirteen,  and  fourteen of this act shall expire and be deemed
 repealed 7 years after this act takes effect, provided that such expira-
 tion and repeal shall not  affect  any  transaction,  as  such  term  is
 defined by section 3500 of the New York city charter as added by section
 two  of  this act, entered into or for which a solicitation was released
 prior to such expiration and repeal, or  to  any  renewals,  extensions,
 modifications, or amendments to such transaction;
   (2)  the amendments to paragraph a of subdivision 36 of section 2590-h
 of the education law made by section four of this act shall  not  affect
 the expiration of such subdivision and such section and shall expire and
 be  deemed  repealed  therewith, or 7 years after this act takes effect,
 whichever occurs earlier, provided that such expiration and repeal shall
 not affect any transaction entered into or for which a solicitation  was
 released prior to such expiration and repeal, or to any renewals, exten-
 sions, modifications, or amendments to such transaction; and
   (3) the amendments to the New York city public  works  investment  act
 made  by  section twelve of this act shall not affect the expiration and
 repeal of such act and shall expire and be deemed repealed therewith, or
 7 years after this act takes effect, whichever occurs earlier.