S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3965
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 30, 2025
                                ___________
 
 Introduced  by  M.  of  A.  ROSENTHAL  --  read once and referred to the
   Committee on Housing
 
 AN ACT to amend the public housing law, in relation to  contracting  for
   certain construction projects by public housing authorities
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraph (d) of subdivision 1 of section 402 of the public
 housing law, as amended by chapter 916 of the laws of 1958,  is  amended
 to read as follows:
   (d)  undertake administration of personnel in consonance with the size
 and scope of  the  authority's  functions.  [It  is  further  found  and
 declared  that  private  enterprise should be encouraged to the greatest
 extent possible to enter the field of housing in which the authority now
 operates so that the authority may be able to concentrate its activities
 at the earliest possible moment on providing housing exclusively for the
 lower income families.]
   § 2. Section 3 of the public housing law is amended by  adding  a  new
 subdivision 28 to read as follows:
   28. THE TERM "ALTERNATIVE PROJECT DELIVERY CONTRACT" MEANS ANY PROJECT
 DELIVERY  METHOD  AUTHORIZED BY ARTICLE EIGHT OF THIS CHAPTER, INCLUDING
 CONSTRUCTION MANAGER BUILD, CONSTRUCTION MANAGER AT  RISK,  AND  DESIGN-
 BUILD,  PURSUANT  TO  WHICH  ONE  OR MORE CONTRACTS FOR THE PROVISION OF
 DESIGN OR CONSTRUCTION MANAGEMENT AND CONSTRUCTION SERVICES ARE  AWARDED
 PURSUANT  TO AN OPEN AND COMPETITIVE METHOD OF PROCUREMENT, AS SPECIFIED
 IN SUBDIVISION SIX OF SECTION ONE HUNDRED FIFTY-ONE OF THIS CHAPTER.
   § 3. Subdivision 1 of section  151  of  the  public  housing  law,  as
 amended  by chapter 185 of the laws of 1997, is amended and a new subdi-
 vision 7 is added to read as follows:
   1. Contracts of an authority for demolition, excavation, construction,
 alteration, renovation or for purchase of materials or supplies shall be
 in such form and contain such combination of work  or  trades  and  such
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02495-01-5
              

 A. 3965                             2
 
 terms  and  provisions  as may be deemed advisable by the authority. All
 such contracts, except  contracts  for  the  purchase  of  materials  or
 supplies,  in  excess  of fifty thousand dollars shall be made on sealed
 bids,  in  compliance with a public notice advertised at least once, not
 less than twenty days before the date set for the receipt  of  bids,  in
 the  official  publication  of the municipality, or if none exists, in a
 newspaper circulating in the municipality; PROVIDED, HOWEVER, THAT  SUCH
 NOTICE REQUIREMENT SHALL NOT APPLY IN CASES WHERE AN ALTERNATIVE PROJECT
 DELIVERY CONTRACT IS AUTHORIZED AND UTILIZED PURSUANT TO SUBDIVISION SIX
 OF  THIS  SECTION, AND SUCH UTILIZATION IS IN COMPLIANCE WITH THE CONDI-
 TIONS AND REQUIREMENTS SET FORTH IN SUBDIVISION SEVEN OF THIS SECTION OR
 ANY OTHER APPLICABLE PROVISION OF LAW. With respect to contracts for the
 purchase of materials or supplies  in  excess  of  twenty-five  thousand
 dollars,  the  period  of  advertisement shall be not less than ten days
 before the date set for the receipt of bids. If the authority shall deem
 it to its best interest or necessary  or  desirable  to  effectuate  the
 purposes  of  this chapter or the economy and efficiency in construction
 and operation of a project,  the  authority  by  majority  vote  of  its
 members  may either reject all bids or readvertise for bids or by unani-
 mous vote of its members may accept a bid other than the lowest bid.  In
 any such contract there may be inserted in the discretion of the author-
 ity,  a  provision  that  additional  work  may be done or materials and
 supplies furnished or that work or materials  may  be  omitted  for  the
 purpose  of  completing  such  contract  in accordance with any changes,
 omissions or additions in the specifications of any such contract.  Each
 contract shall provide that in the case of default by the contractor the
 authority  may adopt on behalf of the authority all subcontracts made by
 such contractor and all such  subcontractors  shall  be  bound  by  such
 adoption  if  made,  and the authority may relet, with or without public
 advertisement, the work specified in the original contract, exclusive of
 so much thereof as shall be provided in any subcontracts so adopted.  An
 authority may make rules and regulations governing the qualifications of
 bidders, the submission of combined bids by two or more contractors, the
 award and execution of the contract, security, if any, for execution and
 performance  of  the  contract,  and  any  other matters relating to the
 contract. The bidding may be restricted to those who shall  have  quali-
 fied  prior  to  the receipt of bids according to standards fixed by the
 authority, provided that notice or notices for the submission of  quali-
 fications  shall be published in the official publication of the munici-
 pality, or if none exists, in a newspaper  circulating  in  the  munici-
 pality,  at  least  once, not less than ten days prior to the date fixed
 for the filing of qualifications.   Nothing in  this  section  shall  be
 construed  to limit the power of the authority to carry out a project or
 any part thereof directly by the officers, agencies and employees of the
 authority, or by any government, or to purchase or acquire materials  or
 supplies  through  the  purchasing  officer,  department  or agency of a
 government.
   7. (A) NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, INCLUDING
 BUT NOT LIMITED TO SECTION SEVENTY-TWO HUNDRED TEN OF THE EDUCATION LAW,
 AND IN COMPLIANCE WITH THE REQUIREMENTS OF THIS ARTICLE,  THE  AUTHORITY
 MAY  USE  AN  ALTERNATIVE  PROJECT DELIVERY CONTRACT FOR ANY PUBLIC WORK
 UNDERTAKEN PURSUANT TO A PROJECT  LABOR  AGREEMENT,  PROVIDED  THAT  THE
 AUTHORITY SHALL ADVERTISE A REQUEST FOR QUALIFICATION IN ACCORDANCE WITH
 THIS SECTION.
 A. 3965                             3
 
   (B)  A  CONTRACTOR SELECTED BY THE AUTHORITY TO ENTER INTO AN ALTERNA-
 TIVE PROJECT DELIVERY CONTRACT SHALL BE SELECTED THROUGH  THE  FOLLOWING
 TWO-STEP METHOD:
   (I) (A) THE FIRST STEP SHALL BE THE GENERATION OF A LIST OF RESPONDING
 ENTITIES  THAT  HAVE  DEMONSTRATED THE GENERAL CAPABILITY TO PERFORM THE
 ALTERNATIVE PROJECT DELIVERY CONTRACT. SUCH  LIST  SHALL  CONSIST  OF  A
 SPECIFIED NUMBER OF RESPONDING ENTITIES, AS DETERMINED BY THE AUTHORITY,
 AND SHALL BE GENERATED BASED UPON THE AUTHORITY'S REVIEW OF RESPONSES TO
 A PUBLICLY ADVERTISED REQUEST FOR QUALIFICATIONS. SUCH REQUEST FOR QUAL-
 IFICATIONS  SHALL  INCLUDE A GENERAL DESCRIPTION OF THE PUBLIC WORK, THE
 MAXIMUM NUMBER OF RESPONDING ENTITIES TO BE INCLUDED ON SUCH  LIST,  THE
 SELECTION CRITERIA TO BE USED, AND THE RELATIVE WEIGHT OF EACH CRITERION
 IN GENERATING SUCH LIST. SUCH SELECTION CRITERIA SHALL INCLUDE:
   (1)  THE  QUALIFICATIONS AND EXPERIENCE OF THE ENTITY OR TEAM OF ENTI-
 TIES;
   (2) DEMONSTRATED RESPONSIBILITY OF THE ENTITY OR TEAM OF ENTITIES;
   (3) THE ABILITY OF THE ENTITY, OR TEAM OF ENTITIES, OR OF A MEMBER  OR
 MEMBERS  OF  SUCH  ENTITY OR TEAM OF ENTITIES, TO COMPLY WITH APPLICABLE
 REQUIREMENTS, INCLUDING THE PROVISIONS OF ARTICLES  ONE  HUNDRED  FORTY-
 FIVE, ONE HUNDRED FORTY-SEVEN, AND ONE HUNDRED FORTY-EIGHT OF THE EDUCA-
 TION LAW;
   (4)  THE  ENTITY'S OR TEAM OF ENTITIES' PAST RECORD OF COMPLIANCE WITH
 THE LABOR LAW;
   (5) SUCH OTHER QUALIFICATIONS  AS  THE  AUTHORITY  DEEMS  APPROPRIATE,
 WHICH MAY INCLUDE BUT SHALL NOT BE LIMITED TO THE PROJECT UNDERSTANDING,
 FINANCIAL  CAPABILITY,  AND  RECORD OF PAST PERFORMANCE OF THE ENTITY OR
 TEAM OF ENTITIES; AND
   (6) PRIOR PROJECTS COMPLETED BY THE CONTRACTOR THAT DEMONSTRATE POTEN-
 TIAL FOR BETTERMENT  OR  ENHANCEMENT  BEYOND  THE  INITIAL  SCOPE  SHALL
 RECEIVE HIGH EVALUATION SCORES, PROMOTING INNOVATION, VALUE, AND CONTIN-
 UOUS IMPROVEMENT.
   (B)  THE  AUTHORITY SHALL EVALUATE AND RATE ALL RESPONDING ENTITIES TO
 THE REQUEST FOR QUALIFICATIONS. BASED UPON SUCH RATINGS,  THE  AUTHORITY
 SHALL  LIST  THE  RESPONDING  ENTITIES  THAT SHALL RECEIVE A REQUEST FOR
 PROPOSALS IN ACCORDANCE WITH SUBPARAGRAPH (II) OF THIS PARAGRAPH. TO THE
 EXTENT CONSISTENT WITH  APPLICABLE  FEDERAL  LAW,  THE  AUTHORITY,  WHEN
 AWARDING ANY CONTRACT PURSUANT TO THIS SECTION, SHALL CONSIDER:
   (1)  RESPONDING ENTITIES THAT ARE CERTIFIED AS MINORITY OR WOMEN-OWNED
 BUSINESS ENTERPRISES PURSUANT TO ARTICLE FIFTEEN-A OF THE EXECUTIVE LAW,
 OR CERTIFIED AS MINORITY OR WOMEN-OWNED BUSINESS ENTERPRISES PURSUANT TO
 LOCAL LAW;
   (2) SMALL BUSINESS CONCERNS IDENTIFIED PURSUANT TO SUBDIVISION (B)  OF
 SECTION ONE HUNDRED THIRTY-NINE-G OF THE STATE FINANCE LAW; AND
   (3)  BUSINESS CONCERNS THAT PROVIDE ECONOMIC OPPORTUNITIES FOR LOW AND
 VERY LOW-INCOME PERSONS PURSUANT TO SECTION THREE OF THE FEDERAL HOUSING
 AND URBAN DEVELOPMENT ACT OF NINETEEN HUNDRED SIXTY-EIGHT,  AS  AMENDED,
 OR ANY SUCCESSOR PROVISION.
   (C)  NOTHING  IN  THIS  SUBPARAGRAPH  SHALL BE DEEMED TO SUPERSEDE ANY
 PREQUALIFICATION POLICIES ADOPTED BY THE AUTHORITY PURSUANT TO  SUBDIVI-
 SION ONE OF THIS SECTION.
   (II)  (A) THE SECOND STEP SHALL BE THE SELECTION OF THE PROPOSAL WHICH
 IS THE BEST VALUE TO THE AUTHORITY. THE AUTHORITY SHALL ISSUE A  REQUEST
 FOR PROPOSALS TO THE RESPONDING ENTITIES LISTED PURSUANT TO SUBPARAGRAPH
 (I) OF THIS PARAGRAPH. IF SUCH A RESPONDING ENTITY CONSISTS OF A TEAM OF
 SEPARATE  ENTITIES,  THE  ENTITIES  THAT  COMPRISE SUCH A TEAM SHALL NOT
 CHANGE FROM SUCH RESPONDING ENTITY AS LISTED  PURSUANT  TO  SUBPARAGRAPH
 A. 3965                             4
 
 ONE  OF  THIS  PARAGRAPH UNLESS OTHERWISE APPROVED BY THE AUTHORITY. THE
 REQUEST FOR PROPOSALS SHALL SET FORTH THE PUBLIC WORK'S SCOPE  OF  WORK,
 AND  OTHER  REQUIREMENTS,  AS  DETERMINED  BY  THE  AUTHORITY, WHICH MAY
 INCLUDE  GOALS FOR WORK UNDER THE CONTRACT TO BE PERFORMED BY BUSINESSES
 CERTIFIED AS MINORITY OR WOMEN-OWNED BUSINESS  ENTERPRISES  PURSUANT  TO
 ARTICLE  FIFTEEN-A  OF  THE EXECUTIVE LAW, OR AS MINORITY OR WOMEN-OWNED
 BUSINESS ENTERPRISES PURSUANT TO LOCAL LAW, OR  GOALS ESTABLISHED PURSU-
 ANT TO SECTION THREE OF THE FEDERAL HOUSING AND URBAN DEVELOPMENT ACT OF
 NINETEEN HUNDRED SIXTY-EIGHT, AS AMENDED, OR ANY SUCCESSOR PROVISION, IF
 APPLICABLE. THE REQUEST FOR PROPOSALS SHALL ALSO   SPECIFY THE  CRITERIA
 TO  BE USED TO EVALUATE THE RESPONSES AND THE RELATIVE WEIGHT OF EACH OF
 SUCH CRITERIA, AND INCLUDE A STATEMENT THAT PROPOSERS SHALL DESIGNATE IN
 WRITING THOSE PORTIONS OF THE PROPOSAL THAT  CONTAIN  TRADE  SECRETS  OR
 OTHER PROPRIETARY INFORMATION THAT ARE TO REMAIN CONFIDENTIAL, SUCH THAT
 THE  MATERIAL DESIGNATED AS CONFIDENTIAL SHALL BE READILY SEPARABLE FROM
 THE PROPOSAL. SUCH CRITERIA SHALL INCLUDE:
   (1) THE QUALITY OF THE PROPOSAL'S SOLUTION;
   (2) THE QUALIFICATIONS AND EXPERIENCE OF THE PROPOSER;
   (3) THE PROPOSAL'S COST, WHICH MAY INCLUDE FACTORS THAT MAY BE CONSID-
 ERED INDIVIDUALLY OR IN THE AGGREGATE, SUCH  AS  THE  PROPOSED  COST  OF
 DESIGN PHASE WORK, THE PROPOSED COST OF CONSTRUCTION PHASE WORK, OR COST
 FACTORS RELATING TO CONSTRUCTION PHASE WORK, AS APPLICABLE; AND
   (4)  OTHER  FACTORS  DEEMED  ADVISABLE  BY  THE  AUTHORITY,  WHICH MAY
 INCLUDE, BUT SHALL NOT BE LIMITED TO, THE PROPOSAL'S MANNER AND SCHEDULE
 OF PROJECT IMPLEMENTATION, THE PROPOSER'S ABILITY TO COMPLETE  THE  WORK
 IN  A TIMELY AND SATISFACTORY MANNER, MAINTENANCE COSTS OF THE COMPLETED
 PUBLIC WORK, MAINTENANCE OF TRAFFIC APPROACH, AND COMMUNITY IMPACT.
   (B) THE AUTHORITY MAY ENGAGE IN NEGOTIATIONS OR OTHER DISCUSSIONS WITH
 ALL QUALIFIED VENDORS THAT HAVE EXPRESSED INTEREST;  PROVIDED  THAT  THE
 AUTHORITY  MAINTAINS  A WRITTEN RECORD OF THE CONDUCT OF NEGOTIATIONS OR
 DISCUSSIONS AND THE BASIS FOR EVERY DETERMINATION TO CONTINUE OR SUSPEND
 NEGOTIATIONS; AND PROVIDED, FURTHER, THAT IF  THE  AUTHORITY  DETERMINES
 FOR  A  PARTICULAR CONTRACT OR FOR A PARTICULAR TYPE OF CONTRACT THAT IT
 IS  IN  THE  AUTHORITY'S  BEST  INTEREST  TO  NEGOTIATE  OR  ENTER  INTO
 DISCUSSIONS WITH FEWER PROPOSERS, THE AUTHORITY MAY MAKE SUCH A DETERMI-
 NATION  IN WRITING.  IF THE AUTHORITY ENTERS INTO SUCH NEGOTIATIONS, THE
 AUTHORITY SHALL ALLOW ALL PROPOSERS TO REVISE THEIR PROPOSALS  UPON  THE
 CONCLUSION  OF  SUCH NEGOTIATIONS, AND THE AUTHORITY SHALL EVALUATE SUCH
 REVISED PROPOSALS USING  THE  CRITERIA  SPECIFIED  IN  THE  REQUEST  FOR
 PROPOSALS.
   (C)  ANY CONTRACT AWARDED PURSUANT TO THIS SECTION SHALL BE AWARDED TO
 A RESPONSIVE AND RESPONSIBLE PROPOSER, WHICH, IN  CONSIDERATION  OF  THE
 FACTORS  SET FORTH IN THIS SUBPARAGRAPH, AND OTHER SPECIFIED CRITERIA AS
 THE AUTHORITY DEEMS APPROPRIATE, OFFERS THE BEST VALUE, AS DETERMINED BY
 THE AUTHORITY.
   (D) NOTHING IN THIS SUBDIVISION SHALL BE  CONSTRUED  TO  PROHIBIT  THE
 AUTHORITY FROM NEGOTIATING FINAL CONTRACT TERMS AND CONDITIONS INCLUDING
 COST.
   (E)  ALL PROPOSALS SUBMITTED SHALL BE SCORED ACCORDING TO THE CRITERIA
 LISTED IN THE REQUEST FOR PROPOSALS  AND  SUCH  FINAL  SCORES  SHALL  BE
 PUBLISHED  ON THE AUTHORITY'S WEBSITE FOLLOWING THE DATE UPON WHICH SUCH
 CONTRACT SHALL BE IMPLEMENTED.
   (C)  THE  AUTHORITY,  IN  AWARDING  AN  ALTERNATIVE  PROJECT  DELIVERY
 CONTRACT  TO  A  CONTRACTOR OFFERING THE BEST VALUE PURSUANT TO SUBPARA-
 GRAPH (II) OF PARAGRAPH (B) OF THIS SUBDIVISION, MAY USE  THE  FOLLOWING
 TYPES OF CONTRACTS:
 A. 3965                             5
 
   (I)  (A)  A  COST-PLUS  NOT TO EXCEED GUARANTEED MAXIMUM PRICE FORM OF
 CONTRACT IN WHICH THE AUTHORITY SHALL BE ENTITLED TO MONITOR  AND  AUDIT
 ALL  COSTS.  IN  ESTABLISHING THE SCHEDULE AND PROCESS FOR DETERMINING A
 GUARANTEED MAXIMUM PRICE, THE CONTRACT BETWEEN  THE  AUTHORITY  AND  THE
 CONTRACTOR SHALL INCLUDE TERMS SPECIFYING THE PRICE FOR THE DESIGN PHASE
 OF  THE  WORK,  THE  SCOPE  OF THE WORK, AND ANY APPLICABLE COST FACTORS
 RELATING TO CONSTRUCTION PHASE WORK THAT WERE INCLUDED IN  THE  CONTRAC-
 TOR'S  PROPOSAL.  A FAIR AND REASONABLE GUARANTEED MAXIMUM PRICE FOR THE
 CONSTRUCTION PHASE OF THE WORK, OR PORTIONS OF THE CONSTRUCTION PHASE OF
 THE WORK, MAY BE AGREED TO AS ONE OR MORE AMENDMENTS  TO  SUCH  CONTRACT
 BASED ON DEVELOPMENTS IN THE DESIGN OF THE PROJECT THAT OCCUR AFTER SUCH
 CONTRACT  IS  EXECUTED.  EACH  GUARANTEED  MAXIMUM PRICE AMENDMENT SHALL
 DESCRIBE THE SCOPE OF THE PORTION OF THE CONSTRUCTION PHASE WORK SUBJECT
 TO THE AMENDMENT, THE COST OF PERFORMING  SUCH  WORK,  AND  THE  MAXIMUM
 COSTS OF ANY CONTINGENCIES RELATED TO SUCH WORK, INCLUDE A DETAILED LINE
 ITEM  COST BREAKDOWN, INCLUDE A LIST OF ALL DRAWINGS, SPECIFICATIONS AND
 OTHER INFORMATION ON  WHICH  THE  GUARANTEED  MAXIMUM  PRICE  IS  BASED,
 INCLUDE THE DATES OF SUBSTANTIAL AND FINAL COMPLETION ON WHICH THE GUAR-
 ANTEED  MAXIMUM PRICE IS BASED, AS APPLICABLE, AND INCLUDE A SCHEDULE OF
 UNIT PRICES. THE AUTHORITY SHALL MAINTAIN A WRITTEN RECORD OF EACH  SUCH
 GUARANTEED MAXIMUM PRICE AMENDMENT, WHICH SHALL INCLUDE A SUMMARY OF THE
 NEGOTIATION  PROCESS  AND  A DESCRIPTION OF THE RELEVANT DEVELOPMENTS IN
 THE DESIGN OF THE PROJECT, INDEPENDENT COST ESTIMATES PREPARED BY OR  ON
 BEHALF OF THE AUTHORITY, AS REQUIRED PURSUANT TO A POLICY ESTABLISHED BY
 THE  AUTHORITY,  THE CONTRACTOR'S ACTUAL COST SCHEDULES AND UNIT PRICES,
 AND ANY OTHER FACTORS CONSIDERED BY THE AUTHORITY. IF THE AUTHORITY  AND
 THE  CONTRACTOR  CANNOT AGREE UPON A GUARANTEED MAXIMUM PRICE FOR ONE OR
 MORE PORTIONS OF CONSTRUCTION PHASE WORK, THE AUTHORITY MAY  DIRECT  THE
 CONTRACTOR  TO  ASSIGN  ALL  OR A PORTION OF THE DUTIES AND RIGHTS UNDER
 SUCH ALTERNATIVE PROJECT DELIVERY CONTRACT  TO  ANOTHER  RESPONSIVE  AND
 RESPONSIBLE  PROPOSER  THAT  THE  AUTHORITY  DETERMINED OFFERED THE BEST
 VALUE OF THE REMAINING PROPOSERS PURSUANT TO SUBPARAGRAPH (II) OF  PARA-
 GRAPH (B) OF THIS SUBDIVISION AND THAT AGREES TO ACCEPT SUCH ASSIGNMENT.
 SUCH CONTRACTS MAY INCLUDE GUARANTEED MAXIMUM PRICE AGREEMENTS, ALLOWING
 FOR  UPFRONT  ESTIMATES  AND  MAINTAINING  THE FLEXIBILITY TO ADJUST THE
 SCOPE AND COSTS AS THE PROJECT EVOLVES AND NEW OPPORTUNITIES FOR BETTER-
 MENT ARISE.
   (B) NOTHING IN THIS SUBPARAGRAPH SHALL BE DEEMED TO PROHIBIT  THE  USE
 OF  ANY  CONTRACT TERMS OR PROCEDURES PURSUANT TO ANY OTHER PROVISION OF
 LAW, INCLUDING BUT NOT LIMITED TO THE PROVISIONS OF THIS ARTICLE.
   (II) A LUMP SUM CONTRACT IN WHICH THE CONTRACTOR AGREES  TO  ACCEPT  A
 SET  DOLLAR  AMOUNT  FOR A CONTRACT WHICH COMPRISES A SINGLE BID WITHOUT
 PROVIDING A COST BREAKDOWN FOR ALL COSTS SUCH AS FOR  EQUIPMENT,  LABOR,
 MATERIALS, AND SUCH CONTRACTOR'S PROFIT FOR COMPLETING ALL ITEMS OF WORK
 REQUIRED UNDER SUCH CONTRACT.
   (III)  INCENTIVE  PAYMENTS  IDENTIFIED IN THE TEXT OF THE CONTRACT FOR
 PERFORMANCE OBJECTIVES.
   (IV) A COMBINATION OF ELEMENTS OF THE CONTRACT TYPES  LISTED  IN  THIS
 PARAGRAPH.
   (D)  ALL  ALTERNATIVE PROJECT DELIVERY CONTRACTS ENTERED INTO PURSUANT
 TO THIS SUBDIVISION SHALL INCLUDE A CLAUSE REQUIRING  THAT  ANY  PROFES-
 SIONAL  SERVICES  REGULATED  BY  ARTICLES  ONE  HUNDRED  FORTY-FIVE, ONE
 HUNDRED FORTY-SEVEN, AND ONE HUNDRED FORTY-EIGHT OF  THE  EDUCATION  LAW
 SHALL  BE  PERFORMED  AND  STAMPED  AND  SEALED, WHERE APPROPRIATE, BY A
 PROFESSIONAL LICENSED IN ACCORDANCE WITH APPLICABLE LAW.
 A. 3965                             6
 
   (E) THE SUBMISSION OF A PROPOSAL OR RESPONSES OR THE EXECUTION  OF  AN
 ALTERNATIVE PROJECT DELIVERY CONTRACT PURSUANT TO THIS SUBDIVISION SHALL
 NOT  BE CONSTRUED TO BE A VIOLATION OF SECTION SIXTY-FIVE HUNDRED TWELVE
 OF THE EDUCATION LAW.
   (F)  EACH  ALTERNATIVE  PROJECT  DELIVERY CONTRACT ENTERED INTO BY THE
 AUTHORITY PURSUANT TO THIS ARTICLE SHALL COMPLY WITH THE OBJECTIVES  AND
 GOALS RELATING TO THE PERFORMANCE OF DESIGN AND CONSTRUCTION SERVICES BY
 MINORITY AND WOMEN-OWNED BUSINESS ENTERPRISES PURSUANT TO:
   (I)  SECTION 6-129 OF THE ADMINISTRATIVE CODE OF THE CITY OF NEW YORK;
 OR
   (II) FOR PROJECTS OR PUBLIC WORKS RECEIVING  FEDERAL  AID,  APPLICABLE
 FEDERAL  REQUIREMENTS FOR DISADVANTAGED BUSINESS ENTERPRISES OR MINORITY
 AND WOMEN-OWNED BUSINESS ENTERPRISES AND SECTION THREE  OF  THE  FEDERAL
 HOUSING  AND  URBAN  DEVELOPMENT ACT OF NINETEEN HUNDRED SIXTY-EIGHT, AS
 AMENDED, OR ANY SUCCESSOR PROVISION, IF APPLICABLE.
   (G) NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY,  ALL  RIGHTS
 OR   BENEFITS,   INCLUDING  TERMS  AND  CONDITIONS  OF  EMPLOYMENT,  AND
 PROTECTION OF CIVIL SERVICE AND  COLLECTIVE  BARGAINING  STATUS  OF  ALL
 EMPLOYEES  OF THE AUTHORITY IN CONNECTION WITH THE USE OF AN ALTERNATIVE
 PROJECT DELIVERY CONTRACT PURSUANT TO THIS SECTION  SHALL  BE  PRESERVED
 AND PROTECTED.
   (H) THE USE OF ALTERNATIVE PROJECT DELIVERY CONTRACTS PURSUANT TO THIS
 SECTION SHALL NOT RESULT IN:
   (I)  THE DISPLACEMENT OF ANY CURRENTLY EMPLOYED WORKER OF AN AUTHORITY
 OR LOSS OF POSITION, INCLUDING PARTIAL DISPLACEMENT SUCH AS A  REDUCTION
 IN  THE  HOURS  OF  NON-OVERTIME WORK, WAGES, OR EMPLOYMENT BENEFITS, OR
 WHICH RESULT IN THE IMPAIRMENT OF EXISTING COLLECTIVE BARGAINING  AGREE-
 MENTS TO WHICH SUCH AUTHORITY IS A PARTY; OR
   (II)  THE TRANSFER TO A CONTRACTOR OF EXISTING DUTIES AND/OR FUNCTIONS
 RELATED TO MAINTENANCE AND OPERATIONS CURRENTLY  PERFORMED  BY  EXISTING
 EMPLOYEES OF SUCH AUTHORITY.
   (I)  (A)  EMPLOYEES  OF  AN  AUTHORITY  SERVING  IN POSITIONS IN NEWLY
 CREATED TITLES SHALL BE ASSIGNED TO THE APPROPRIATE BARGAINING UNIT.
   (B) NOTHING CONTAINED  IN  THIS  SUBDIVISION  SHALL  BE  CONSTRUED  TO
 AFFECT:
   (1)  THE EXISTING RIGHTS OF EMPLOYEES OF SUCH AUTHORITY PURSUANT TO AN
 EXISTING COLLECTIVE BARGAINING AGREEMENT;
   (2) THE EXISTING REPRESENTATIONAL RELATIONSHIPS AMONG EMPLOYEE  ORGAN-
 IZATIONS REPRESENTING EMPLOYEES OF SUCH AUTHORITY; OR
   (3)  THE  BARGAINING  RELATIONSHIPS  BETWEEN  SUCH  AUTHORITY AND SUCH
 EMPLOYEE ORGANIZATIONS.
   (J) (I) PUBLIC EMPLOYEES OF AN AUTHORITY SHALL  REVIEW  AND  DETERMINE
 WHETHER  THE  WORK  PERFORMED  BY CONTRACTORS IS ACCEPTABLE AND HAS BEEN
 PERFORMED IN ACCORDANCE WITH THE APPLICABLE ALTERNATIVE PROJECT DELIVERY
 CONTRACTS. IF SUCH PUBLIC EMPLOYEES DETERMINE THAT THE WORK PERFORMED BY
 SUCH CONTRACTORS IS ACCEPTABLE, SUCH PUBLIC EMPLOYEES SHALL ACCEPT  SUCH
 CONTRACTORS'  SUBSTANTIAL  OR  FINAL  COMPLETION OF THE PUBLIC WORKS, AS
 APPLICABLE.
   (II) NOTHING IN THIS PARAGRAPH SHALL BE CONSTRUED TO MODIFY OR LIMIT:
   (A) THE CONTRACTORS' OBLIGATIONS UNDER  ALTERNATIVE  PROJECT  DELIVERY
 CONTRACTS  TO  ISSUE  THEIR  OWN  INITIAL  CERTIFICATIONS OF SUBSTANTIAL
 COMPLETION AND FINAL COMPLETION;
   (B) THE CONTRACTORS' OBLIGATIONS TO PERFORM THE WORK IN STRICT ACCORD-
 ANCE WITH THE APPLICABLE ALTERNATIVE PROJECT DELIVERY CONTRACT; OR
   (C) THE CONTRACTORS' OR ANY SUBCONTRACTORS' OBLIGATIONS OR LIABILITIES
 UNDER ANY LAW, RULE, OR REGULATION.
 A. 3965                             7
 
   § 4. The public housing law is amended by adding a new section 160  to
 read as follows:
   § 160. ANNUAL FINANCIAL REPORTING REQUIREMENTS. 1. ALL MUNICIPAL HOUS-
 ING  AUTHORITIES  CREATED  PURSUANT  TO ARTICLE THIRTEEN OF THIS CHAPTER
 SHALL PREPARE AND SUBMIT TO THE COMMISSIONER AN ANNUAL FINANCIAL REPORT.
 SUCH REPORT SHALL INCLUDE,  BUT  NOT  BE  LIMITED  TO,  A  COMPREHENSIVE
 ACCOUNTING  OF  ALL  FUNDS RECEIVED BY THE AUTHORITY DURING THE CALENDAR
 YEAR, SPECIFYING THE SOURCES OF SUCH FUNDS,  INCLUDING  FEDERAL,  STATE,
 AND LOCAL CONTRIBUTIONS. THIS INITIAL REPORT SHALL BE SUBMITTED BY APRIL
 THIRTIETH OF NEXT YEAR AND ANNUALLY THEREAFTER.
   2.  THE  REPORT SHALL INCLUDE A DETAILED BREAKDOWN OF THE EXPENDITURES
 FROM EACH SOURCE OF FUNDS, CATEGORIZED BY PROGRAM, PROJECT, OR ACTIVITY,
 AND SHALL SPECIFY THE AMOUNT OF FUNDS REMAINING FROM EACH SOURCE AT  THE
 END  OF  THE FISCAL YEAR. IN CASES WHERE RELEVANT FUNDING OR BUDGET DATA
 FROM THE CITY FISCAL YEAR IMPACTS THE AUTHORITY'S  FINANCIAL  REPORTING,
 SUCH  AUTHORITY SHALL SUBMIT A REVISED REPORT BY JULY, THIRTY-FIRST EACH
 YEAR, INCORPORATING ANY ADDITIONAL FINANCIAL DATA.
   3. THE COMMISSIONER SHALL COMPILE THESE FINANCIAL REPORTS  AND  ENSURE
 THAT  THEY  ARE MADE PUBLICLY AVAILABLE ON A PUBLICLY ACCESSIBLE WEBSITE
 ANNUALLY, EITHER BY DIRECTLY  POSTING  THE  DATA  ON  A  PUBLIC  WEBSITE
 MANAGED  BY  THE COMMISSIONER OR, AT THE DISCRETION OF THE COMMISSIONER,
 ALLOWING INDIVIDUAL MUNICIPAL HOUSING AUTHORITIES TO POST  THE  REQUIRED
 FINANCIAL  AND  BUDGETARY  INFORMATION  ON SUCH AUTHORITIES OWN PUBLICLY
 ACCESSIBLE WEBSITES. SUCH POSTINGS MUST BE COMPLETED BY AUGUST,  THIRTY-
 FIRST  ANNUALLY,  IN  A  FORMAT  AND  MANNER THAT THE COMMISSIONER DEEMS
 ACCEPTABLE. THE COMMISSIONER SHALL ESTABLISH AND ENFORCE  STRICT  STAND-
 ARDS  TO  ENSURE  THAT SUCH POSTINGS MEET REQUIREMENTS FOR TRANSPARENCY,
 ACCESSIBILITY, AND COMPARABILITY, ENSURING THAT THE PUBLIC HAS FULL  AND
 CLEAR  ACCESS  TO  THE  FINANCIAL  INFORMATION  OF ALL MUNICIPAL HOUSING
 AUTHORITIES.
   § 5. This act shall take effect on the sixtieth  day  after  it  shall
 have become a law.