S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         8487
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                    October 9, 2015
                                      ___________
       Introduced  by  M. of A. GLICK, BRENNAN, PEOPLES-STOKES, BLAKE, SIMOTAS,
         SCHIMEL, TITONE, LIFTON, CAHILL, ORTIZ, SEAWRIGHT  --  Multi-Sponsored
         by  --  M.  of  A.  BRONSON,  CUSICK,  ENGLEBRIGHT, GOTTFRIED, MARKEY,
         MOSLEY, SIMON -- read once and referred to the  Committee  on  Govern-
         mental Operations
       AN  ACT  to amend the executive law, in relation to equal pay disclosure
         with respect to state contracts
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  The executive law is amended by adding a new article 15-D
    2  to read as follows:
    3                                ARTICLE 15-D
    4            EQUAL PAY DISCLOSURE WITH RESPECT TO STATE CONTRACTS
    5  SECTION 328-B. DEFINITIONS.
    6          328-C. EQUAL PAY DISCLOSURE; REPORTING.
    7          328-D. PROHIBITIONS IN CONTRACTS; VIOLATIONS.
    8    S 328-B. DEFINITIONS. AS USED IN THIS  ARTICLE,  THE  FOLLOWING  TERMS
    9  SHALL HAVE THE FOLLOWING MEANINGS:
   10    1. "EQUAL PAY REPORT" SHALL MEAN A SUMMARY OF DATA ON EMPLOYEE COMPEN-
   11  SATION  BY  SEX,  RACE,  ETHNICITY,  SPECIFIED JOB CATEGORIES, AND OTHER
   12  RELEVANT DATA.
   13    2. "CONTRACTING AGENCY" SHALL MEAN A STATE AGENCY WHICH IS A PARTY  OR
   14  A PROPOSED PARTY TO A STATE CONTRACT OR, IN THE CASE OF A STATE CONTRACT
   15  DESCRIBED  IN  PARAGRAPH (C) OF SUBDIVISION EIGHT OF THIS SECTION, SHALL
   16  MEAN THE NEW YORK STATE  HOUSING  FINANCE  AGENCY,  HOUSING  TRUST  FUND
   17  CORPORATION  OR  AFFORDABLE  HOUSING  CORPORATION, WHICHEVER HAS MADE OR
   18  PROPOSES TO MAKE THE GRANT  OR  LOAN  FOR  THE  STATE  ASSISTED  HOUSING
   19  PROJECT.
   20    3.  "CONTRACTOR"  SHALL  MEAN  AN  INDIVIDUAL,  A BUSINESS ENTERPRISE,
   21  INCLUDING  A  SOLE  PROPRIETORSHIP,  A  PARTNERSHIP,  A  CORPORATION,  A
   22  NOT-FOR-PROFIT CORPORATION, OR ANY OTHER PARTY TO A STATE CONTRACT, OR A
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD11915-03-5
       A. 8487                             2
    1  BIDDER  IN  CONJUNCTION WITH THE AWARD OF A STATE CONTRACT OR A PROPOSED
    2  PARTY TO A STATE CONTRACT. FOR THE PURPOSES OF THIS  ARTICLE,  "CONTRAC-
    3  TOR"  SHALL NOT INCLUDE SMALL BUSINESSES, AS DEFINED IN SUBDIVISION NINE
    4  OF THIS SECTION.
    5    4. "LARGE COUNTY" SHALL MEAN A COUNTY HAVING A POPULATION IN EXCESS OF
    6  TWO  HUNDRED  EIGHTY-FIVE  THOUSAND ACCORDING TO THE MOST RECENT FEDERAL
    7  DECENNIAL CENSUS, PROVIDED HOWEVER, THAT A COUNTY HAVING A POPULATION IN
    8  EXCESS OF TWO HUNDRED EIGHTY-FIVE THOUSAND ACCORDING TO THE TWO THOUSAND
    9  TEN FEDERAL DECENNIAL CENSUS SHALL CONTINUE TO BE A LARGE COUNTY  THERE-
   10  AFTER  NOTWITHSTANDING  A LATER CENSUS SHOWING A POPULATION OF LESS THAN
   11  TWO HUNDRED EIGHTY-FIVE THOUSAND FOR SUCH COUNTY.
   12    5. "METROPOLITAN AREA" SHALL MEAN A CITY  WITH  A  POPULATION  OF  ONE
   13  MILLION  OR  MORE  AND  A  COUNTY  HAVING  A POPULATION IN EXCESS OF ONE
   14  MILLION AND IMMEDIATELY CONTIGUOUS TO SUCH CITY.
   15    6. "STATE AGENCY" SHALL MEAN:
   16    (A)(I) ANY STATE DEPARTMENT, OR (II) ANY DIVISION,  BOARD,  COMMISSION
   17  OR  BUREAU OF ANY STATE DEPARTMENT, OR (III) THE STATE UNIVERSITY OF NEW
   18  YORK AND THE CITY UNIVERSITY OF NEW YORK, INCLUDING ALL THEIR  CONSTITU-
   19  ENT  UNITS  EXCEPT  COMMUNITY  COLLEGES AND THE INDEPENDENT INSTITUTIONS
   20  OPERATING STATUTORY OR CONTRACT COLLEGES ON BEHALF OF THE STATE, OR (IV)
   21  A BOARD, A MAJORITY OF WHOSE MEMBERS ARE APPOINTED BY  THE  GOVERNOR  OR
   22  WHO  SERVE  BY VIRTUE OF BEING STATE OFFICERS OR EMPLOYEES AS DEFINED IN
   23  SUBPARAGRAPH (I), (II), OR (III) OF THIS PARAGRAPH OR PARAGRAPH  (I)  OF
   24  SUBDIVISION ONE OF SECTION SEVENTY-THREE OF THE PUBLIC OFFICERS LAW;
   25    (B)  A  "STATE  AUTHORITY,"  AS  DEFINED IN SUBDIVISION ONE OF SECTION
   26  SEVENTY-THREE OF THE PUBLIC OFFICERS LAW, AND THE FOLLOWING:
   27      ALBANY COUNTY AIRPORT AUTHORITY;
   28      ALBANY PORT DISTRICT COMMISSION;
   29      ALFRED, ALMOND, HORNELLSVILLE SEWER AUTHORITY;
   30      BATTERY PARK CITY AUTHORITY;
   31      CAYUGA COUNTY WATER AND SEWER AUTHORITY;
   32      (NELSON A. ROCKEFELLER) EMPIRE STATE PLAZA PERFORMING ARTS;
   33      CENTER CORPORATION;
   34      INDUSTRIAL EXHIBIT AUTHORITY;
   35      LIVINGSTON COUNTY WATER AND SEWER AUTHORITY;
   36      LONG ISLAND POWER AUTHORITY;
   37      LONG ISLAND RAIL ROAD;
   38      LONG ISLAND MARKET AUTHORITY;
   39      MANHATTAN AND BRONX SURFACE TRANSIT OPERATING AUTHORITY;
   40      METRO-NORTH COMMUTER RAILROAD;
   41      METROPOLITAN SUBURBAN BUS AUTHORITY;
   42      METROPOLITAN TRANSPORTATION AUTHORITY;
   43      NATURAL HERITAGE TRUST;
   44      NEW YORK CITY TRANSIT AUTHORITY;
   45      NEW YORK CONVENTION CENTER OPERATING CORPORATION;
   46      NEW YORK STATE BRIDGE AUTHORITY;
   47      NEW YORK STATE OLYMPIC REGIONAL DEVELOPMENT AUTHORITY;
   48      NEW YORK STATE THRUWAY AUTHORITY;
   49      NIAGARA FALLS PUBLIC WATER AUTHORITY;
   50      NIAGARA FALLS WATER BOARD;
   51      PORT OF OSWEGO AUTHORITY;
   52      POWER AUTHORITY OF THE STATE OF NEW YORK;
   53      ROOSEVELT ISLAND OPERATING CORPORATION;
   54      SCHENECTADY METROPLEX DEVELOPMENT AUTHORITY;
   55      STATE INSURANCE FUND;
   56      STATEN ISLAND RAPID TRANSIT OPERATING AUTHORITY;
       A. 8487                             3
    1      STATE UNIVERSITY CONSTRUCTION FUND;
    2      SYRACUSE REGIONAL AIRPORT AUTHORITY;
    3      TRIBOROUGH BRIDGE AND TUNNEL AUTHORITY;
    4      UPPER MOHAWK VALLEY REGIONAL WATER BOARD;
    5      UPPER MOHAWK VALLEY REGIONAL WATER FINANCE AUTHORITY;
    6      UPPER MOHAWK VALLEY MEMORIAL AUDITORIUM AUTHORITY;
    7      URBAN DEVELOPMENT CORPORATION AND ITS SUBSIDIARY CORPORATIONS; AND
    8    (C)  THE  FOLLOWING  ENTITIES,  ONLY  TO THE EXTENT OF STATE CONTRACTS
    9  ENTERED INTO FOR ITS OWN ACCOUNT OR FOR THE BENEFIT OF A STATE AGENCY AS
   10  DEFINED IN PARAGRAPH (A) OR (B) OF THIS SUBDIVISION: DORMITORY AUTHORITY
   11  OF THE STATE OF NEW YORK; FACILITIES DEVELOPMENT CORPORATION;  NEW  YORK
   12  STATE  ENERGY RESEARCH AND DEVELOPMENT AUTHORITY; NEW YORK STATE SCIENCE
   13  AND TECHNOLOGY FOUNDATION.
   14    7. "STATE ASSISTED HOUSING PROJECT"  SHALL  MEAN,  FOR  SUCH  PROJECTS
   15  WHICH  RECEIVE  FROM  THE  NEW  YORK  STATE  HOUSING FINANCE AGENCY, THE
   16  AFFORDABLE HOUSING CORPORATION, THE HOUSING TRUST  FUND  CORPORATION  OR
   17  THE DIVISION OF HOUSING AND COMMUNITY RENEWAL A GRANT OR LOAN FOR ALL OR
   18  PART OF THE TOTAL PROJECT COST:
   19    (A)  A  "PERMANENT HOUSING PROJECT FOR HOMELESS FAMILIES" OR "PROJECT"
   20  AS DEFINED IN SUBDIVISION FIVE OF  SECTION  SIXTY-FOUR  OF  THE  PRIVATE
   21  HOUSING FINANCE LAW;
   22    (B)  A "PROJECT" AS DEFINED IN SUBDIVISION TWELVE OF SECTION ONE THOU-
   23  SAND ONE HUNDRED ONE OF THE PRIVATE HOUSING FINANCE  LAW  PROVIDED  SAID
   24  PROJECT  IS  LOCATED  IN A LARGE COUNTY AND CONSISTS OF MORE THAN TWELVE
   25  RESIDENTIAL UNITS AT A SINGLE SITE;
   26    (C) "AFFORDABLE HOME OWNERSHIP DEVELOPMENT PROGRAMS" OR  "PROJECT"  AS
   27  DEFINED  IN SUBDIVISION EIGHT OF SECTION ONE THOUSAND ONE HUNDRED ELEVEN
   28  OF THE PRIVATE HOUSING FINANCE LAW PROVIDED SAID PROJECT IS LOCATED IN A
   29  METROPOLITAN AREA AS DEFINED IN SUBDIVISION FIVE  OF  THIS  SECTION  AND
   30  CONSISTS OF MORE THAN TWELVE RESIDENTIAL UNITS AT A SINGLE SITE;
   31    (D)  A  "TURNKEY/ENHANCED  RENTAL  PROJECT" OR "PROJECT" AS DEFINED IN
   32  SUBDIVISION TWO OF SECTION ONE THOUSAND ONE HUNDRED SIX-A OF THE PRIVATE
   33  HOUSING FINANCE LAW;
   34    (E) "INFRASTRUCTURE IMPROVEMENTS" AS DEFINED  IN  SUBDIVISION  TWO  OF
   35  SECTION  ONE  THOUSAND  ONE  HUNDRED  THIRTY-ONE  OF THE PRIVATE HOUSING
   36  FINANCE LAW, TO THE EXTENT THAT SUCH "INFRASTRUCTURE  IMPROVEMENTS"  ARE
   37  APPLIED  FOR  IN  CONNECTION  WITH  A  STATE ASSISTED HOUSING PROJECT AS
   38  DEFINED IN PARAGRAPHS (A) THROUGH (D) OF THIS SUBDIVISION  AND  PROVIDED
   39  FURTHER  THAN THE APPLICANT FOR SUCH INFRASTRUCTURE IMPROVEMENTS AND FOR
   40  SUCH STATE ASSISTED HOUSING PROJECT ARE IDENTICAL.
   41    8. "STATE CONTRACT" SHALL MEAN:
   42    (A) A WRITTEN AGREEMENT OR PURCHASE ORDER INSTRUMENT, PROVIDING FOR  A
   43  TOTAL  EXPENDITURE  IN EXCESS OF TWENTY-FIVE THOUSAND DOLLARS, WHEREBY A
   44  CONTRACTING AGENCY IS COMMITTED TO EXPEND OR DOES EXPEND FUNDS IN RETURN
   45  FOR LABOR, SERVICES INCLUDING, BUT NOT LIMITED TO, LEGAL, FINANCIAL  AND
   46  OTHER  PROFESSIONAL  SERVICES,  SUPPLIES,  EQUIPMENT,  MATERIALS  OR ANY
   47  COMBINATION OF THE FOREGOING,  TO  BE  PERFORMED  FOR,  OR  RENDERED  OR
   48  FURNISHED TO THE CONTRACTING AGENCY;
   49    (B)  A  WRITTEN  AGREEMENT  IN  EXCESS OF ONE HUNDRED THOUSAND DOLLARS
   50  WHEREBY A CONTRACTING AGENCY IS COMMITTED TO EXPEND OR DOES EXPEND FUNDS
   51  FOR THE ACQUISITION, CONSTRUCTION, DEMOLITION, REPLACEMENT, MAJOR REPAIR
   52  OR RENOVATION OF REAL PROPERTY AND IMPROVEMENTS THEREON; AND
   53    (C) A WRITTEN AGREEMENT IN EXCESS  OF  ONE  HUNDRED  THOUSAND  DOLLARS
   54  WHEREBY  THE  OWNER  OF A STATE ASSISTED HOUSING PROJECT IS COMMITTED TO
   55  EXPEND OR DOES EXPEND FUNDS FOR THE ACQUISITION,  CONSTRUCTION,  DEMOLI-
       A. 8487                             4
    1  TION,  REPLACEMENT,  MAJOR  REPAIR  OR  RENOVATION  OF REAL PROPERTY AND
    2  IMPROVEMENTS THEREON FOR SUCH PROJECT.
    3    9.  "SMALL  BUSINESS"  AS  USED IN THIS SECTION, SHALL MEAN A BUSINESS
    4  WHICH IS RESIDENT IN THIS STATE, INDEPENDENTLY OWNED AND  OPERATED,  NOT
    5  DOMINANT  IN ITS FIELD, AND EMPLOYING NOT MORE THAN ONE HUNDRED INDIVID-
    6  UALS.
    7    S 328-C. EQUAL PAY DISCLOSURE; REPORTING. 1.   ALL CONTRACTORS,  AS  A
    8  CONDITION  UPON  ENTERING  INTO  A  CONTRACT  WITH  THE  STATE, SHALL BE
    9  REQUIRED TO SUBMIT SUMMARY DATA, IN SUCH FORM  AS  THE  COMPTROLLER  MAY
   10  PRESCRIBE  BY  REGULATION PURSUANT TO SUBDIVISION THREE OF THIS SECTION,
   11  ON EMPLOYEE COMPENSATION BY SEX, RACE, ETHNICITY, SPECIFIED JOB  CATEGO-
   12  RIES, AND OTHER RELEVANT DATA INCLUDING BUT NOT LIMITED TO HOURS WORKED,
   13  AND THE NUMBER OF EMPLOYEES.
   14    2.  THE  STATE  COMPTROLLER SHALL SUBMIT A REPORT TO THE GOVERNOR, THE
   15  ATTORNEY GENERAL, THE COMMISSIONER OF THE OFFICE  OF  GENERAL  SERVICES,
   16  THE  COMMISSIONER  OF  THE  DEPARTMENT OF LABOR, THE COMMISSIONER OF THE
   17  DIVISION OF HUMAN RIGHTS, AND THE LEGISLATIVE FISCAL COMMITTEES CONTAIN-
   18  ING DATA RELATED TO THE EQUAL PAY REPORTS SUBMITTED BY CONTRACTORS. SUCH
   19  REPORT SHALL BE MADE ANNUALLY, ON A FISCAL YEAR BASIS BY  THE  FIRST  OF
   20  JULY OF THE NEXT SUCCEEDING YEAR.
   21    (A)  THE  REPORT  SHALL  INCLUDE  A LIST OF CONTRACTORS THAT THE STATE
   22  COMPTROLLER HAS IDENTIFIED AS BEING IN COMPLIANCE WITH SOUND  EQUAL  PAY
   23  PRACTICES.
   24    (B)  THE INFORMATION REQUIRED BY THIS SUBDIVISION SHALL BE PROVIDED IN
   25  ELECTRONIC FORMAT IN SUCH FORM AS PRESCRIBED BY  THE  STATE  COMPTROLLER
   26  SUCH THAT THE DATA CAN BE SEARCHED AND SORTED.
   27    (C) ALL REPORTS REQUIRED UNDER THIS SUBDIVISION SHALL BE AVAILABLE FOR
   28  PUBLIC  INSPECTION  AND  COPYING PURSUANT TO SECTION EIGHTY-SEVEN OF THE
   29  PUBLIC OFFICERS LAW PROVIDED THAT IN DISCLOSING SUCH REPORTS PURSUANT TO
   30  THE PUBLIC OFFICERS LAW, THE STATE COMPTROLLER SHALL REDACT THE NAME  OR
   31  SOCIAL  SECURITY  NUMBER  OF ANY INDIVIDUAL EMPLOYEE THAT IS INCLUDED IN
   32  SUCH DOCUMENT.
   33    3. THE STATE COMPTROLLER, IN CONSULTATION WITH THE COMMISSIONER OF THE
   34  OFFICE OF GENERAL SERVICES, SHALL PROMULGATE REGULATIONS:
   35    (A) REGARDING THE CONTENT AND THE TIMELY AND PROPER  FILING  OF  EQUAL
   36  PAY REPORTS BY CONTRACTORS; AND
   37    (B)  SETTING  FORTH MEASURES AND PROCEDURES TO REQUIRE ALL CONTRACTING
   38  AGENCIES, WHERE PRACTICABLE, FEASIBLE AND  APPROPRIATE,  TO  ASSESS  THE
   39  EQUAL  PAY  PRACTICES  OF  CONTRACTORS  SUBMITTING  BIDS OR PROPOSALS IN
   40  CONNECTION WITH THE AWARD OF A STATE  CONTRACT.  SUCH  RULES  AND  REGU-
   41  LATIONS  SHALL  TAKE  INTO  ACCOUNT:  THE NATURE OF THE LABOR, SERVICES,
   42  SUPPLIES, EQUIPMENT OR MATERIALS BEING PROCURED BY THE STATE AGENCY; THE
   43  METHOD OF PROCUREMENT REQUIRED TO BE USED BY A STATE AGENCY TO AWARD THE
   44  CONTRACT; THE EQUAL PAY REPORTS REQUIRED TO  BE  SUBMITTED  PURSUANT  TO
   45  SUBDIVISION  ONE  OF  THIS  SECTION; AND SUCH OTHER FACTORS AS THE COMP-
   46  TROLLER DEEMS APPROPRIATE OR NECESSARY TO PROMOTE  THE  AWARD  OF  STATE
   47  CONTRACTS  TO CONTRACTORS HAVING SOUND EQUAL PAY PRACTICES. SUCH ASSESS-
   48  MENT SHALL NOT PERMIT THE AUTOMATIC REJECTION OF A  BID  OR  PROCUREMENT
   49  PROPOSAL BASED ON THE LACK OF ADHERENCE TO EQUAL PAY PRACTICES. EACH BID
   50  OR  PROPOSAL  SHALL BE ANALYZED ON AN INDIVIDUAL PER BID OR PER PROPOSAL
   51  BASIS WITH THE CONTRACTOR'S EQUAL PAY PRACTICES  CONSIDERED  AS  ONLY  A
   52  PART  OF A WIDER CONSIDERATION OF SEVERAL FACTORS WHEN DECIDING TO AWARD
   53  OR DECLINE TO AWARD A BID OR PROPOSAL.
   54    S 328-D. PROHIBITIONS  IN  CONTRACTS;  VIOLATIONS.  EVERY  CONTRACTING
   55  AGENCY  SHALL  INCLUDE  A  PROVISION  IN  ITS  STATE CONTRACTS EXPRESSLY
   56  PROVIDING THAT ANY CONTRACTOR WHO WILLFULLY AND INTENTIONALLY  FAILS  TO
       A. 8487                             5
    1  COMPLY  WITH THE REQUIREMENTS OF THIS ARTICLE AS SET FORTH IN SUCH STATE
    2  CONTRACT SHALL BE LIABLE TO THE CONTRACTING  AGENCY  FOR  LIQUIDATED  OR
    3  OTHER  APPROPRIATE DAMAGES AND SHALL PROVIDE FOR OTHER APPROPRIATE REME-
    4  DIES ON ACCOUNT OF SUCH BREACH.
    5    S  2. This act shall take effect on the first of January next succeed-
    6  ing the date upon which it shall have become a law and  shall  apply  to
    7  all  contracts  with  the  state entered into on or after such effective
    8  date.