S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7387--A
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                               May 22, 2023
                                ___________
 
 Introduced  by  Sens.  PARKER, RAMOS -- (at request of the NYC Office of
   the Mayor) -- read twice and ordered printed, and when printed  to  be
   committed  to  the Committee on Cities 1 -- committee discharged, bill
   amended, ordered reprinted as amended and recommitted to said  commit-
   tee

 AN ACT to amend the New York city charter, the education law, the gener-
   al  municipal  law, the labor law, the public authorities law, and the
   New York city health and hospitals corporation  act,  in  relation  to
   providing  for employment opportunities for economically disadvantaged
   candidates  and  economically  disadvantaged  region  candidates   and
   apprenticeship  utilization  on public transactions; 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. 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 among  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  from  economically  disadvan-
 taged regions.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11271-02-3
              

 S. 7387--A                          2
 
   §  2.  The New York city charter is amended by adding a new chapter 79
 to read as follows:
                                CHAPTER 79
                COMMUNITY HIRING AND WORKFORCE DEVELOPMENT
 
   §  3501.  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 WORK. THE TERM "CONSTRUCTION WORK" 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, WORKERS 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, INCLUDING BUT NOT  LIMITED  TO  VENDORS  PROVIDING  HUMAN
 SERVICES, STANDARD SERVICES, PROFESSIONAL SERVICES, CONSTRUCTION-RELATED
 SERVICES,  AND  CONSTRUCTION,  AS SUCH TERMS ARE DEFINED BY RULES OF THE
 PROCUREMENT POLICY BOARD, TO THE CITY, EXCEPT THAT THE TERM "CONTRACTOR"
 DOES NOT INCLUDE:
   (1) ANY GOVERNMENTAL ENTITY; OR
   (2) ANY LABOR ORGANIZATION.
   DIRECTOR. THE TERM "DIRECTOR" MEANS THE  DIRECTOR  OF  THE  OFFICE  OF
 COMMUNITY HIRING AND WORKFORCE DEVELOPMENT OR HIS OR HER DESIGNEE.
 S. 7387--A                          3
 
   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
 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 FIVE-DIGIT 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 HUNDRED 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,
 EXCEPT  THAT  THE TERM "EXEMPT TRANSACTION" SHALL NOT INCLUDE ANY TRANS-
 ACTION THE PRINCIPAL PURPOSE OF WHICH IS DELIVERY SERVICES;
   (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 THIS 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 THIS CHARTER; OR
   (8) CONTRACT FOR WHICH CONTRACTOR SELECTION  IS  MADE  BY  AN  ELECTED
 OFFICIAL  OTHER THAN THE MAYOR OR AN AGENCY OTHER THAN A MAYORAL AGENCY,
 EXCEPT AS OTHERWISE PROVIDED BY RULE BY THE DIRECTOR.
 S. 7387--A                          4
 
   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.
   MAYORAL AGENCY. THE TERM "MAYORAL AGENCY" INCLUDES:
   (1) ANY AGENCY THE HEAD OF WHICH IS APPOINTED BY THE MAYOR;
   (2)  ANY  AGENCY  HEADED BY A BOARD, COMMISSION, OR OTHER MULTI-MEMBER
 BODY, THE MAJORITY OF THE MEMBERSHIP OF WHICH IS APPOINTED BY THE MAYOR;
 AND
   (3) THE OFFICE OF THE MAYOR.
   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 TWO 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 ANY UNION
 REFERRAL SYSTEM SHALL BE DEEMED AN  APPROVED  REFERRAL  SOURCE  FOR  THE
 PURPOSES  OF  PARAGRAPH  THREE  OF  SUBDIVISION A OF SECTION THIRTY-FIVE
 HUNDRED TWO OF THIS CHAPTER.
   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; OR
   (3) LABOR ORGANIZATIONS.
   TRANSACTION. THE TERM  "TRANSACTION"  MEANS  A  PROCUREMENT  CONTRACT,
 EXCEPT  THAT  THE TERM "TRANSACTION" SHALL NOT INCLUDE ANY EXEMPT TRANS-
 ACTION.
   UNION REFERRAL SYSTEM. THE TERM "UNION REFERRAL SYSTEM" MEANS A  LABOR
 ORGANIZATION  THAT  HAS AN AFFILIATED REGISTERED APPRENTICE PROGRAM WITH
 DIRECT ENTRY ACCESS FROM ONE OR MORE PRE-APPRENTICE  PROGRAMS  THAT  ARE
 COMPLIANT  WITH  UNITED  STATES  DEPARTMENT  OF LABOR AND NEW YORK STATE
 DEPARTMENT OF LABOR REGULATIONS, AS WELL AS ANY LABOR ORGANIZATION  WITH
 AN AFFILIATED COMMUNITY RECRUITMENT PROGRAM.
   §  3502.  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
 S. 7387--A                          5
 
 HEAD  OF  SUCH  DEPARTMENT.  THE  DIRECTOR  SHALL, AS THE DIRECTOR DEEMS
 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 SHALL IDENTIFY  AND
 DEEM  UNION  REFERRAL  SYSTEMS AS REFERRAL SOURCES AND MAY APPROVE OTHER
 REFERRAL 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;
 OR
   (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;
   (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 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  A  PERCENTAGE  OF  THE  CUMULATIVE HOURS OF
 CONSTRUCTION WORK ON TRANSACTIONS INVOLVING CONSTRUCTION WORK, AND ADDI-
 TIONALLY REQUIRING, TO THE EXTENT FEASIBLE CONSISTENT WITH  THE  MAXIMUM
 RATIOS  OF  APPRENTICES  TO JOURNEY-LEVEL WORKERS ESTABLISHED BY THE NEW
 YORK STATE DEPARTMENT OF LABOR, THAT SUCH CONTRACTORS AND SUBCONTRACTORS
 AGREE TO MAKE BEST EFFORTS  TO  EMPLOY  APPRENTICES  WHO  ARE  QUALIFIED
 ECONOMICALLY  DISADVANTAGED  REGION CANDIDATES TO PERFORM NO LESS THAN A
 PERCENTAGE OF SUCH CUMULATIVE HOURS OF CONSTRUCTION WORK, PROVIDED  THAT
 CONSTRUCTION  WORK  PERFORMED  BY  APPRENTICES WHO ARE QUALIFIED ECONOM-
 S. 7387--A                          6
 
 ICALLY DISADVANTAGED REGION CANDIDATES SHALL  BE  CREDITED  TOWARDS  THE
 ACHIEVEMENT  OF BOTH EMPLOYMENT GOALS SET FORTH IN THIS PARAGRAPH. WHERE
 A TRANSACTION IS NOT SUBJECT TO A PROJECT LABOR  AGREEMENT,  SUCH  GOALS
 SHALL  BE  ESTABLISHED  PURSUANT TO PARAGRAPH TWELVE OF THIS SUBDIVISION
 AND WHERE A TRANSACTION IS SUBJECT TO A PROJECT  LABOR  AGREEMENT,  SUCH
 GOALS SHALL BE ESTABLISHED PURSUANT TO SUBDIVISION F OF THIS SECTION;
   (8)  REQUIRING  CONTRACTORS  TO  AGREE  TO MAKE BEST EFFORTS TO EMPLOY
 QUALIFIED ECONOMICALLY DISADVANTAGED CANDIDATES IN ORDER TO MEET EMPLOY-
 MENT GOALS RELATING  TO  WORK  ON  TRANSACTIONS  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 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;
   (11) DESIGNATING PAPER OR ELECTRONIC FORMATS  FOR  THE  SUBMISSION  OF
 DOCUMENTS 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,   SUBDIVISION C  AND  SUBPARA-
 GRAPHS  (V) AND (VI)  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) (I) AUTHORIZING THE DIRECTOR, IN CONSULTATION WITH THE CITY CHIEF
 PROCUREMENT OFFICER, AS SUCH TERM IS DEFINED IN RULES PROMULGATED BY THE
 PROCUREMENT POLICY BOARD, TO ESTABLISH FACTORS BY WHICH GOALS  DESCRIBED
 IN  PARAGRAPHS  SIX,  SEVEN,  EIGHT, AND NINE OF THIS SUBDIVISION, OTHER
 THAN  FOR  GOALS  ESTABLISHED  PURSUANT  TO  SUCH  PARAGRAPH  SEVEN   IN
 CONNECTION  WITH TRANSACTIONS SUBJECT TO A PROJECT LABOR AGREEMENT, WILL
 BE ESTABLISHED FOR INDIVIDUAL TRANSACTIONS, INCLUDING:
   (A) THE SCOPE OF THE TRANSACTION;
   (B) THE AVAILABILITY OF QUALIFIED  ECONOMICALLY  DISADVANTAGED  CANDI-
 DATES AND ECONOMICALLY DISADVANTAGED REGION CANDIDATES AND APPRENTICES;
   (C)  THE  NATURE  OF  ANY  EMPLOYMENT  OPPORTUNITIES THAT THE DIRECTOR
 EXPECTS WILL RESULT FROM THE TRANSACTION; AND
   (D) ANY OTHER SIMILAR FACTORS.
   (II) PRIOR TO SETTING A GOAL PURSUANT TO THIS SUBDIVISION FOR AN INDI-
 VIDUAL TRANSACTION, THE  AGENCY  ENTERING  INTO  THE  TRANSACTION  SHALL
 S. 7387--A                          7
 
 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 FORTH 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 PARAGRAPH 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
 SUBCONTRACTOR'S PROGRESS TOWARDS MEETING ANY GOAL  ESTABLISHED  PURSUANT
 TO  PARAGRAPH 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:
   (I)  TO  REVIEW  ECONOMICALLY  DISADVANTAGED  REGION  CANDIDATES'  AND
 ECONOMICALLY DISADVANTAGED CANDIDATES' QUALIFICATIONS, AS APPLICABLE, IN
 GOOD FAITH;
   (II) 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;
   (III) TO COORDINATE WITH REFERRAL SOURCES OR APPRENTICESHIP  PROGRAMS,
 AS  APPLICABLE,  IN  ORDER  TO EMPLOY SUCH CANDIDATES IDENTIFIED BY SUCH
 REFERRAL SOURCES OR APPRENTICESHIP PROGRAMS, PROVIDED THAT FOR  CONTRAC-
 TORS  AND  SUBCONTRACTORS  PERFORMING  CONSTRUCTION  WORK  PURSUANT TO A
 S. 7387--A                          8
 
 PROJECT LABOR AGREEMENT, THE DIRECTOR SHALL ONLY CONSIDER THE DEGREE  TO
 WHICH  THE CONTRACTOR OR SUBCONTRACTOR HAS ENDEAVORED TO MEET SUCH GOALS
 BY COMPLYING WITH THE REFERRAL PROVISIONS OF SUCH PROJECT  LABOR  AGREE-
 MENT;
   (IV) TO REVIEW AND ORGANIZE THE WORK UNDER THE TRANSACTION IN ORDER TO
 ELIMINATE OBSTACLES TO MEETING SUCH EMPLOYMENT GOALS;
   (V)  TO  MONITOR  AND  TO DOCUMENT THE CONTRACTOR'S OR SUBCONTRACTOR'S
 EFFORTS TO MEET THE EMPLOYMENT GOALS;
   (VI) 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
   (VII)  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:
   (I) TO UNDERTAKE AN UNDUE FINANCIAL BURDEN;
   (II) TO TERMINATE OR REDUCE THE WORK LEVELS OF ANY OF  A  CONTRACTOR'S
 OR SUBCONTRACTOR'S EXISTING EMPLOYEES;
   (III)  TO  EXTEND  AN OFFER OF EMPLOYMENT TO AN INDIVIDUAL WHOSE LABOR
 WOULD NOT BE COMMERCIALLY USEFUL;
   (IV) TO FORGO FILLING BUILDING SERVICE OPPORTUNITIES  WITH  ABSORPTION
 HIRES; OR
   (V)  TO  FORGO  REQUESTING,  EMPLOYING,  OR  HIRING ANY INDIVIDUALS OR
 ASSIGNING INDIVIDUALS TO PERFORM CONSTRUCTION WORK  IN  ACCORDANCE  WITH
 THE TERMS OF:
   (A) AN AGREEMENT WITH A UNION REFERRAL SYSTEM TO WHICH A CONTRACTOR OR
 SUBCONTRACTOR IS A SIGNATORY; OR
   (B)  AN  AGREEMENT WITH A REFERRAL SOURCE FOR THE SOURCING OF LABOR TO
 WHICH A CONTRACTOR OR SUBCONTRACTOR IS A SIGNATORY, PROVIDED  THAT  SUCH
 CONTRACTOR  OR  SUBCONTRACTOR  DEMONSTRATES  TO  THE SATISFACTION OF THE
 DIRECTOR THAT SUCH AGREEMENT WAS ENTERED INTO IN FURTHERANCE OF  A  BONA
 FIDE INTEREST IN SOURCING LABOR.
   E.  DISCRETIONARY  APPLICATION  OF  GOALS.  NOTWITHSTANDING  ANY OTHER
 PROVISION OF THIS SECTION, EMPLOYMENT GOALS AUTHORIZED UNDER  PARAGRAPHS
 SIX, SEVEN, EIGHT AND NINE OF SUBDIVISION A OF THIS SECTION MAY, BUT ARE
 NOT  REQUIRED  TO  BE,  ESTABLISHED  FOR TRANSACTIONS THAT ARE EMERGENCY
 PROCUREMENT CONTRACTS PROCURED PURSUANT TO THE PROCEDURE  SET  FORTH  IN
 SECTION THREE HUNDRED FIFTEEN OF THIS CHARTER.
   F.  ADJUSTMENT  OF  CONSTRUCTION  GOALS  FOR PROJECT LABOR AGREEMENTS.
 WHERE THE CITY HAS ENTERED OR ENTERS INTO A PROJECT LABOR AGREEMENT  AND
 SUCH  PROJECT  LABOR  AGREEMENT  INCLUDES  NUMERICAL GOALS REGARDING THE
 SOURCING OF ECONOMICALLY DISADVANTAGED  REGION  CANDIDATES  AND  APPREN-
 TICES,  SUCH  NUMERICAL  GOALS SET FORTH IN SUCH PROJECT LABOR AGREEMENT
 SHALL APPLY TO TRANSACTIONS SUBJECT TO SUCH PROJECT LABOR AGREEMENT.
   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 WORK UNDER A TRANSACTION SHALL BE REQUIRED TO PROVIDE ADDI-
 TIONAL  ASSURANCES ACCEPTABLE TO THE DIRECTOR IN ORDER TO RECEIVE CREDIT
 TOWARDS THE ACHIEVEMENT OF EMPLOYMENT GOALS SET FORTH IN PARAGRAPH SEVEN
 OF SUBDIVISION A OF THIS SECTION.
   § 3. 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
 S. 7387--A                          9
 
 laws of 2019, are amended and a new subparagraph (xii) is 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[.]; AND
   (XII)  EMPLOYMENT  GOALS  ESTABLISHED  IN  ACCORDANCE WITH THE PROGRAM
 ESTABLISHED PURSUANT TO SECTION THIRTY-FIVE HUNDRED TWO 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.
   §  4.  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
 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 TWO 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.
   §  5.  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:
 S. 7387--A                         10
 
   (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" SHALL MEAN 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  INHAB-
 ITANTS.
   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],  INCLUDING  ANY CITY GOVERNMENTAL ENTITY,
 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 appropriate 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 MAY ESTABLISH IN ITS SPECIFICATIONS A REQUIREMENT THAT, IN
 PERFORMING  THE  WORK,  THE  CONTRACTOR AND ITS SUBCONTRACTORS UTILIZE A
 MINIMUM RATIO OF APPRENTICES TO JOURNEY-LEVEL WORKERS, AS ESTABLISHED BY
 THE GOVERNMENTAL ENTITY BUT SUBJECT TO ANY MAXIMUM RATIO ESTABLISHED  BY
 THE  DEPARTMENT,  FOR  ANY  CLASSIFICATION  APPROPRIATE 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.
 Whenever  utilizing  [this  requirement] THESE REQUIREMENTS, the govern-
 mental entity may, in addition to whatever considerations  are  required
 by law, consider the degree to which career opportunities in apprentice-
 ship training programs approved by the commissioner may be provided.
   §  6.  Notwithstanding any provision of law to the contrary, any city-
 affiliated not-for-profit  corporation,  as  such  term  is  defined  in
 section  3501  of  the New York city charter, is authorized to establish
 employment goals in accordance with the program established pursuant  to
 section  3502  of  such charter, including but not limited to employment
 goals established pursuant to paragraph  7  of  subdivision  a  of  such
 section  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  commu-
 nity  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 execu-
 tive officer of such corporation, or a duly appointed designee.
   § 7. 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 TWO OF THE NEW YORK
 S. 7387--A                         11
 
 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;
   § 8. 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  3502  OF  THE NEW YORK CITY 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,  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 A DULY APPOINTED
 DESIGNEE OF THE CORPORATION; AND
   § 9. No provision of this act shall be  construed  to  invalidate  any
 provision  of  a  project  labor  agreement,  as such term is defined in
 section 3501 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.
   § 10. Severability. If any clause, sentence, paragraph, or section  of
 this  act is declared invalid or unconstitutional by any court of compe-
 tent jurisdiction, 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.
   §  11.  This  act  shall  take effect on the one hundred eightieth day
 after it shall have become a law; provided that:
   (a) sections one, two, four, five, six, seven, eight, and nine of this
 act shall expire and be deemed repealed seven years after the  effective
 date  of  this  act,  provided that such expiration and repeal shall not
 affect any transaction, as such term is defined by section 3501  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; and
   (b)  the amendments to paragraph a of subdivision 36 of section 2590-h
 of the education law made by section three of this act shall not  affect
 the expiration of such subdivision and section pursuant to section 34 of
 chapter 91 of the laws of 2002 and subdivision 12 of section 17 of chap-
 ter  345 of the laws of 2009, as amended, and shall expire and be deemed
 repealed therewith, or seven years after this act takes effect, whichev-
 er 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.
   Effective immediately, the addition, amendment and/or  repeal  of  any
 rule  or  regulation necessary for the implementation of this act on its
 S. 7387--A                         12
 
 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 hospital 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  corporation,  as such term is defined by section 3501 of the New
 York city charter, as added by section two of this act.

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7387--B
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                               May 22, 2023
                                ___________
 
 Introduced  by  Sens.  PARKER,  RAMOS,  BAILEY -- (at request of the NYC
   Office of the Mayor) -- read  twice  and  ordered  printed,  and  when
   printed  to  be  committed  to  the Committee on Cities 1 -- committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee  --  committee  discharged,  bill  amended,  ordered
   reprinted as amended and recommitted to said committee
 
 AN ACT to amend the New York city charter, the education law, the gener-
   al  municipal  law, the labor law, the public authorities law, and the
   New York city health and hospitals corporation  act,  in  relation  to
   providing  for employment opportunities for economically disadvantaged
   candidates  and  economically  disadvantaged  region  candidates   and
   apprenticeship  utilization  on public transactions; 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. 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 among  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-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11271-05-3
 S. 7387--B                          2
              

 
 taged candidates and qualified candidates  from  economically  disadvan-
 taged regions.
   §  2.  The New York city charter is amended by adding a new chapter 79
 to read as follows:
                                CHAPTER 79
                COMMUNITY HIRING AND WORKFORCE DEVELOPMENT
 
   § 3501. 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 WORK. THE TERM "CONSTRUCTION WORK" 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, WORKERS 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,  INCLUDING  BUT  NOT LIMITED TO VENDORS PROVIDING HUMAN
 SERVICES, STANDARD SERVICES, PROFESSIONAL SERVICES, CONSTRUCTION-RELATED
 SERVICES, AND CONSTRUCTION, AS SUCH TERMS ARE DEFINED BY  RULES  OF  THE
 PROCUREMENT POLICY BOARD, TO THE CITY, EXCEPT THAT THE TERM "CONTRACTOR"
 DOES NOT INCLUDE:
   (1) ANY GOVERNMENTAL ENTITY; OR
   (2) ANY LABOR ORGANIZATION.
 S. 7387--B                          3
 
   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
 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 FIVE-DIGIT 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 HUNDRED 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,
 EXCEPT  THAT  THE TERM "EXEMPT TRANSACTION" SHALL NOT INCLUDE ANY TRANS-
 ACTION THE PRINCIPAL PURPOSE OF WHICH IS DELIVERY SERVICES;
   (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 THIS 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 THIS CHARTER; OR
 S. 7387--B                          4
 
   (8) CONTRACT FOR WHICH CONTRACTOR SELECTION  IS  MADE  BY  AN  ELECTED
 OFFICIAL  OTHER THAN THE MAYOR OR AN AGENCY OTHER THAN A MAYORAL AGENCY,
 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.
   MAYORAL AGENCY. THE TERM "MAYORAL AGENCY" INCLUDES:
   (1) ANY AGENCY THE HEAD OF WHICH IS APPOINTED BY THE MAYOR;
   (2)  ANY  AGENCY  HEADED BY A BOARD, COMMISSION, OR OTHER MULTI-MEMBER
 BODY, THE MAJORITY OF THE MEMBERSHIP OF WHICH IS APPOINTED BY THE MAYOR;
 AND
   (3) THE OFFICE OF THE MAYOR.
   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 TWO 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 ANY UNION
 REFERRAL SYSTEM SHALL BE DEEMED AN  APPROVED  REFERRAL  SOURCE  FOR  THE
 PURPOSES  OF  PARAGRAPH  THREE  OF  SUBDIVISION A OF SECTION THIRTY-FIVE
 HUNDRED TWO OF THIS CHAPTER.
   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; OR
   (3) LABOR ORGANIZATIONS.
   TRANSACTION. THE TERM  "TRANSACTION"  MEANS  A  PROCUREMENT  CONTRACT,
 EXCEPT  THAT  THE TERM "TRANSACTION" SHALL NOT INCLUDE ANY EXEMPT TRANS-
 ACTION.
   UNION REFERRAL SYSTEM. THE TERM "UNION REFERRAL SYSTEM" MEANS A  LABOR
 ORGANIZATION  THAT  HAS AN AFFILIATED REGISTERED APPRENTICE PROGRAM WITH
 DIRECT ENTRY ACCESS FROM ONE OR MORE PRE-APPRENTICE  PROGRAMS  THAT  ARE
 COMPLIANT  WITH  UNITED  STATES  DEPARTMENT  OF LABOR AND NEW YORK STATE
 DEPARTMENT OF LABOR REGULATIONS, AS WELL AS ANY LABOR ORGANIZATION  WITH
 AN AFFILIATED COMMUNITY RECRUITMENT PROGRAM.
   §  3502.  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
 S. 7387--B                          5
 
 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
 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 SHALL IDENTIFY  AND
 DEEM  UNION  REFERRAL  SYSTEMS AS REFERRAL SOURCES AND MAY APPROVE OTHER
 REFERRAL 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;
 OR
   (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;
   (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 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  A  PERCENTAGE  OF  THE  CUMULATIVE HOURS OF
 CONSTRUCTION WORK ON TRANSACTIONS INVOLVING CONSTRUCTION WORK, AND ADDI-
 TIONALLY REQUIRING, TO THE EXTENT FEASIBLE CONSISTENT WITH  THE  MAXIMUM
 RATIOS  OF  APPRENTICES  TO JOURNEY-LEVEL WORKERS ESTABLISHED BY THE NEW
 YORK STATE DEPARTMENT OF LABOR, THAT SUCH CONTRACTORS AND SUBCONTRACTORS
 AGREE TO MAKE BEST EFFORTS  TO  EMPLOY  APPRENTICES  WHO  ARE  QUALIFIED
 S. 7387--B                          6
 
 ECONOMICALLY  DISADVANTAGED  REGION CANDIDATES TO PERFORM NO LESS THAN A
 PERCENTAGE OF SUCH CUMULATIVE HOURS OF CONSTRUCTION WORK, PROVIDED  THAT
 CONSTRUCTION  WORK  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.  WHERE
 A  TRANSACTION  IS  NOT SUBJECT TO A PROJECT LABOR AGREEMENT, SUCH GOALS
 SHALL BE ESTABLISHED PURSUANT TO PARAGRAPH TWELVE  OF  THIS  SUBDIVISION
 AND  WHERE  A  TRANSACTION IS SUBJECT TO A PROJECT LABOR AGREEMENT, SUCH
 GOALS SHALL BE ESTABLISHED PURSUANT TO SUBDIVISION F OF THIS SECTION;
   (8) REQUIRING CONTRACTORS TO AGREE TO  MAKE  BEST  EFFORTS  TO  EMPLOY
 QUALIFIED ECONOMICALLY DISADVANTAGED CANDIDATES IN ORDER TO MEET EMPLOY-
 MENT  GOALS  RELATING  TO  WORK  ON  TRANSACTIONS  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  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;
   (11)  DESIGNATING  PAPER  OR  ELECTRONIC FORMATS FOR THE SUBMISSION OF
 DOCUMENTS 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,  SUBDIVISION C AND SUBPARA-
 GRAPHS (V) AND (VI)  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) (I) AUTHORIZING THE DIRECTOR, IN CONSULTATION WITH THE CITY CHIEF
 PROCUREMENT OFFICER, AS SUCH TERM IS DEFINED IN RULES PROMULGATED BY THE
 PROCUREMENT  POLICY BOARD, TO ESTABLISH FACTORS BY WHICH GOALS DESCRIBED
 IN PARAGRAPHS SIX, SEVEN, EIGHT, AND NINE  OF  THIS  SUBDIVISION,  OTHER
 THAN   FOR  GOALS  ESTABLISHED  PURSUANT  TO  SUCH  PARAGRAPH  SEVEN  IN
 CONNECTION WITH TRANSACTIONS SUBJECT TO A PROJECT LABOR AGREEMENT,  WILL
 BE ESTABLISHED FOR INDIVIDUAL TRANSACTIONS, INCLUDING:
   (A) THE SCOPE OF THE TRANSACTION;
   (B)  THE  AVAILABILITY  OF QUALIFIED ECONOMICALLY DISADVANTAGED CANDI-
 DATES AND ECONOMICALLY DISADVANTAGED REGION CANDIDATES AND APPRENTICES;
   (C) THE NATURE OF  ANY  EMPLOYMENT  OPPORTUNITIES  THAT  THE  DIRECTOR
 EXPECTS WILL RESULT FROM THE TRANSACTION; AND
 S. 7387--B                          7
 
   (D) ANY OTHER SIMILAR FACTORS.
   (II) 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 FORTH 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 PARAGRAPH 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
 SUBCONTRACTOR'S PROGRESS TOWARDS MEETING ANY GOAL  ESTABLISHED  PURSUANT
 TO  PARAGRAPH SEVEN OR NINE OF SUBDIVISION A OF THIS SECTION, AND AGGRE-
 GATE INFORMATION REGARDING THE OVERALL  PROGRESS  TOWARDS  MEETING  SUCH
 GOALS  AS  WELL  AS  THE  DEMOGRAPHICS  AND COMPENSATION OF ECONOMICALLY
 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.  SUCH REPORT SHALL
 ALSO INCLUDE AGGREGATE INFORMATION REGARDING THE TOTAL NUMBER OF ECONOM-
 ICALLY DISADVANTAGED CANDIDATES AND  ECONOMICALLY  DISADVANTAGED  REGION
 CANDIDATES  HIRED,  INCLUDING  THE  NUMBER  OF  SUCH CANDIDATES HIRED BY
 CONTRACT TYPE AND THE RESULTING FINANCIAL BENEFITS OF THE PROGRAM.    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:
   (I)  TO  REVIEW  ECONOMICALLY  DISADVANTAGED  REGION  CANDIDATES'  AND
 ECONOMICALLY DISADVANTAGED CANDIDATES' QUALIFICATIONS, AS APPLICABLE, IN
 GOOD FAITH;
   (II) TO ADVERTISE EMPLOYMENT OPPORTUNITIES, AS APPLICABLE, IN A MANNER
 REASONABLY INTENDED  TO  ATTRACT  QUALIFIED  ECONOMICALLY  DISADVANTAGED
 S. 7387--B                          8
 
 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;
   (III)  TO COORDINATE WITH REFERRAL SOURCES OR APPRENTICESHIP PROGRAMS,
 AS APPLICABLE, IN ORDER TO EMPLOY SUCH  CANDIDATES  IDENTIFIED  BY  SUCH
 REFERRAL  SOURCES OR APPRENTICESHIP PROGRAMS, PROVIDED THAT FOR CONTRAC-
 TORS 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 ENDEAVORED TO MEET SUCH  GOALS
 BY  COMPLYING  WITH THE REFERRAL PROVISIONS OF SUCH PROJECT LABOR AGREE-
 MENT;
   (IV) TO REVIEW AND ORGANIZE THE WORK UNDER THE TRANSACTION IN ORDER TO
 ELIMINATE OBSTACLES TO MEETING SUCH EMPLOYMENT GOALS;
   (V) TO MONITOR AND TO DOCUMENT  THE  CONTRACTOR'S  OR  SUBCONTRACTOR'S
 EFFORTS TO MEET THE EMPLOYMENT GOALS;
   (VI)  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
   (VII) 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:
   (I) TO UNDERTAKE AN UNDUE FINANCIAL BURDEN;
   (II)  TO  TERMINATE OR REDUCE THE WORK LEVELS OF ANY OF A CONTRACTOR'S
 OR SUBCONTRACTOR'S EXISTING EMPLOYEES;
   (III) TO EXTEND AN OFFER OF EMPLOYMENT TO AN  INDIVIDUAL  WHOSE  LABOR
 WOULD NOT BE COMMERCIALLY USEFUL;
   (IV)  TO  FORGO FILLING BUILDING SERVICE OPPORTUNITIES WITH ABSORPTION
 HIRES; OR
   (V) TO FORGO REQUESTING,  EMPLOYING,  OR  HIRING  ANY  INDIVIDUALS  OR
 ASSIGNING  INDIVIDUALS  TO  PERFORM CONSTRUCTION WORK IN ACCORDANCE WITH
 THE TERMS OF:
   (A) AN AGREEMENT WITH A UNION REFERRAL SYSTEM TO WHICH A CONTRACTOR OR
 SUBCONTRACTOR IS A SIGNATORY; OR
   (B) AN AGREEMENT WITH A REFERRAL SOURCE FOR THE SOURCING OF  LABOR  TO
 WHICH  A  CONTRACTOR OR SUBCONTRACTOR IS A SIGNATORY, PROVIDED THAT SUCH
 CONTRACTOR OR SUBCONTRACTOR DEMONSTRATES  TO  THE  SATISFACTION  OF  THE
 DIRECTOR  THAT  SUCH AGREEMENT WAS ENTERED INTO IN FURTHERANCE OF A BONA
 FIDE INTEREST IN SOURCING LABOR.
   E. DISCRETIONARY  APPLICATION  OF  GOALS.  NOTWITHSTANDING  ANY  OTHER
 PROVISION  OF THIS SECTION, EMPLOYMENT GOALS AUTHORIZED UNDER PARAGRAPHS
 SIX, SEVEN, EIGHT AND NINE OF SUBDIVISION A OF THIS SECTION MAY, BUT ARE
 NOT REQUIRED TO BE, ESTABLISHED  FOR  TRANSACTIONS  THAT  ARE  EMERGENCY
 PROCUREMENT  CONTRACTS  PROCURED  PURSUANT TO THE PROCEDURE SET FORTH IN
 SECTION THREE HUNDRED FIFTEEN OF THIS CHARTER.
   F. ADJUSTMENT OF CONSTRUCTION  GOALS  FOR  PROJECT  LABOR  AGREEMENTS.
 WHERE  THE CITY HAS ENTERED OR ENTERS INTO A PROJECT LABOR AGREEMENT AND
 SUCH PROJECT LABOR AGREEMENT  INCLUDES  NUMERICAL  GOALS  REGARDING  THE
 SOURCING  OF  ECONOMICALLY  DISADVANTAGED  REGION CANDIDATES AND APPREN-
 TICES, SUCH NUMERICAL GOALS SET FORTH IN SUCH  PROJECT  LABOR  AGREEMENT
 SHALL APPLY TO TRANSACTIONS SUBJECT TO SUCH PROJECT LABOR AGREEMENT.
   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,
 S. 7387--B                          9
 
 INCLUDING BUT NOT LIMITED TO  PREVAILING  WAGES  AND  BENEFITS  REQUIRED
 PURSUANT  TO  ARTICLE  EIGHT OF THE LABOR LAW, TO INDIVIDUALS PERFORMING
 CONSTRUCTION WORK UNDER A TRANSACTION SHALL BE REQUIRED TO PROVIDE ADDI-
 TIONAL  ASSURANCES ACCEPTABLE TO THE DIRECTOR IN ORDER TO RECEIVE CREDIT
 TOWARDS THE ACHIEVEMENT OF EMPLOYMENT GOALS SET FORTH IN PARAGRAPH SEVEN
 OF SUBDIVISION A OF THIS SECTION.
   § 3. 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 a new subparagraph (xii) is 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[.]; AND
   (XII)  EMPLOYMENT  GOALS  ESTABLISHED  IN  ACCORDANCE WITH THE PROGRAM
 ESTABLISHED PURSUANT TO SECTION THIRTY-FIVE HUNDRED TWO 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.
   §  4.  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
 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 TWO 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
 S. 7387--B                         10
 
 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.
   §  5.  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" SHALL MEAN 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  INHAB-
 ITANTS.
   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],  INCLUDING  ANY CITY GOVERNMENTAL ENTITY,
 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 appropriate 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 MAY ESTABLISH IN ITS SPECIFICATIONS A REQUIREMENT THAT, IN
 PERFORMING  THE  WORK,  THE  CONTRACTOR AND ITS SUBCONTRACTORS UTILIZE A
 MINIMUM RATIO OF APPRENTICES TO JOURNEY-LEVEL WORKERS, AS ESTABLISHED BY
 THE GOVERNMENTAL ENTITY BUT SUBJECT TO ANY MAXIMUM RATIO ESTABLISHED  BY
 THE  DEPARTMENT,  FOR  ANY  CLASSIFICATION  APPROPRIATE 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.
 Whenever  utilizing  [this  requirement] THESE REQUIREMENTS, the govern-
 mental entity may, in addition to whatever considerations  are  required
 by law, consider the degree to which career opportunities in apprentice-
 ship training programs approved by the commissioner may be provided.
   §  6.  Notwithstanding any provision of law to the contrary, any city-
 affiliated not-for-profit  corporation,  as  such  term  is  defined  in
 section  3501  of  the New York city charter, is authorized to establish
 employment goals in accordance with the program established pursuant  to
 section  3502  of  such charter, including but not limited to employment
 goals established pursuant to paragraph  7  of  subdivision  a  of  such
 section  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  commu-
 nity  hiring  and  workforce  development  of the city of New York, such
 S. 7387--B                         11
 
 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 such corporation, or a duly appointed designee.
   § 7. 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 TWO 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;
   § 8. 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  3502  OF  THE NEW YORK CITY 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,  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 A DULY APPOINTED
 DESIGNEE OF THE CORPORATION; AND
   § 9. No provision of this act shall be  construed  to  invalidate  any
 provision  of  a  project  labor  agreement,  as such term is defined in
 section 3501 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.
   § 10. Severability. If any clause, sentence, paragraph, or section  of
 this  act is declared invalid or unconstitutional by any court of compe-
 tent jurisdiction, 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.
   §  11.  This  act  shall  take effect on the one hundred eightieth day
 after it shall have become a law; provided that:
   (a) sections one, two, four, five, six, seven, eight, and nine of this
 act shall expire and be deemed repealed five years after  the  effective
 date  of  this  act,  provided that such expiration and repeal shall not
 affect any transaction, as such term is defined by section 3501  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; and
   (b)  the amendments to paragraph a of subdivision 36 of section 2590-h
 of the education law made by section three of this act shall not  affect
 the expiration of such subdivision and section pursuant to section 34 of
 chapter 91 of the laws of 2002 and subdivision 12 of section 17 of chap-
 ter  345 of the laws of 2009, as amended, and shall expire and be deemed
 S. 7387--B                         12
 
 repealed therewith, or five 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.
   Effective  immediately,  the  addition, amendment and/or repeal of any
 rule or regulation necessary 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 corpo-
 ration, the chief executive officer of  the  New  York  city  industrial
 development  agency, and the chief executive officer of any city-affili-
 ated not-for-profit corporation, as such term is defined by section 3501
 of the New York city charter, as added by section two of this act.