S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         6059
                              2015-2016 Regular Sessions
                                   I N  S E N A T E
                                    October 2, 2015
                                      ___________
       Introduced by Sens. HOYLMAN, HAMILTON, KRUEGER, RIVERA -- read twice and
         ordered  printed, and when printed to be committed to the Committee on
         Finance
       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
   23  BIDDER IN CONJUNCTION WITH THE AWARD OF A STATE CONTRACT OR  A  PROPOSED
   24  PARTY  TO  A STATE CONTRACT. FOR THE PURPOSES OF THIS ARTICLE, "CONTRAC-
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD11915-03-5
       S. 6059                             2
    1  TOR" SHALL NOT INCLUDE SMALL BUSINESSES, AS DEFINED IN SUBDIVISION  NINE
    2  OF THIS SECTION.
    3    4. "LARGE COUNTY" SHALL MEAN A COUNTY HAVING A POPULATION IN EXCESS OF
    4  TWO  HUNDRED  EIGHTY-FIVE  THOUSAND ACCORDING TO THE MOST RECENT FEDERAL
    5  DECENNIAL CENSUS, PROVIDED HOWEVER, THAT A COUNTY HAVING A POPULATION IN
    6  EXCESS OF TWO HUNDRED EIGHTY-FIVE THOUSAND ACCORDING TO THE TWO THOUSAND
    7  TEN FEDERAL DECENNIAL CENSUS SHALL CONTINUE TO BE A LARGE COUNTY  THERE-
    8  AFTER  NOTWITHSTANDING  A LATER CENSUS SHOWING A POPULATION OF LESS THAN
    9  TWO HUNDRED EIGHTY-FIVE THOUSAND FOR SUCH COUNTY.
   10    5. "METROPOLITAN AREA" SHALL MEAN A CITY  WITH  A  POPULATION  OF  ONE
   11  MILLION  OR  MORE  AND  A  COUNTY  HAVING  A POPULATION IN EXCESS OF ONE
   12  MILLION AND IMMEDIATELY CONTIGUOUS TO SUCH CITY.
   13    6. "STATE AGENCY" SHALL MEAN:
   14    (A)(I) ANY STATE DEPARTMENT, OR (II) ANY DIVISION,  BOARD,  COMMISSION
   15  OR  BUREAU OF ANY STATE DEPARTMENT, OR (III) THE STATE UNIVERSITY OF NEW
   16  YORK AND THE CITY UNIVERSITY OF NEW YORK, INCLUDING ALL THEIR  CONSTITU-
   17  ENT  UNITS  EXCEPT  COMMUNITY  COLLEGES AND THE INDEPENDENT INSTITUTIONS
   18  OPERATING STATUTORY OR CONTRACT COLLEGES ON BEHALF OF THE STATE, OR (IV)
   19  A BOARD, A MAJORITY OF WHOSE MEMBERS ARE APPOINTED BY  THE  GOVERNOR  OR
   20  WHO  SERVE  BY VIRTUE OF BEING STATE OFFICERS OR EMPLOYEES AS DEFINED IN
   21  SUBPARAGRAPH (I), (II), OR (III) OF THIS PARAGRAPH OR PARAGRAPH  (I)  OF
   22  SUBDIVISION ONE OF SECTION SEVENTY-THREE OF THE PUBLIC OFFICERS LAW;
   23    (B)  A  "STATE  AUTHORITY,"  AS  DEFINED IN SUBDIVISION ONE OF SECTION
   24  SEVENTY-THREE OF THE PUBLIC OFFICERS LAW, AND THE FOLLOWING:
   25      ALBANY COUNTY AIRPORT AUTHORITY;
   26      ALBANY PORT DISTRICT COMMISSION;
   27      ALFRED, ALMOND, HORNELLSVILLE SEWER AUTHORITY;
   28      BATTERY PARK CITY AUTHORITY;
   29      CAYUGA COUNTY WATER AND SEWER AUTHORITY;
   30      (NELSON A. ROCKEFELLER) EMPIRE STATE PLAZA PERFORMING ARTS;
   31      CENTER CORPORATION;
   32      INDUSTRIAL EXHIBIT AUTHORITY;
   33      LIVINGSTON COUNTY WATER AND SEWER AUTHORITY;
   34      LONG ISLAND POWER AUTHORITY;
   35      LONG ISLAND RAIL ROAD;
   36      LONG ISLAND MARKET AUTHORITY;
   37      MANHATTAN AND BRONX SURFACE TRANSIT OPERATING AUTHORITY;
   38      METRO-NORTH COMMUTER RAILROAD;
   39      METROPOLITAN SUBURBAN BUS AUTHORITY;
   40      METROPOLITAN TRANSPORTATION AUTHORITY;
   41      NATURAL HERITAGE TRUST;
   42      NEW YORK CITY TRANSIT AUTHORITY;
   43      NEW YORK CONVENTION CENTER OPERATING CORPORATION;
   44      NEW YORK STATE BRIDGE AUTHORITY;
   45      NEW YORK STATE OLYMPIC REGIONAL DEVELOPMENT AUTHORITY;
   46      NEW YORK STATE THRUWAY AUTHORITY;
   47      NIAGARA FALLS PUBLIC WATER AUTHORITY;
   48      NIAGARA FALLS WATER BOARD;
   49      PORT OF OSWEGO AUTHORITY;
   50      POWER AUTHORITY OF THE STATE OF NEW YORK;
   51      ROOSEVELT ISLAND OPERATING CORPORATION;
   52      SCHENECTADY METROPLEX DEVELOPMENT AUTHORITY;
   53      STATE INSURANCE FUND;
   54      STATEN ISLAND RAPID TRANSIT OPERATING AUTHORITY;
   55      STATE UNIVERSITY CONSTRUCTION FUND;
   56      SYRACUSE REGIONAL AIRPORT AUTHORITY;
       S. 6059                             3
    1      TRIBOROUGH BRIDGE AND TUNNEL AUTHORITY;
    2      UPPER MOHAWK VALLEY REGIONAL WATER BOARD;
    3      UPPER MOHAWK VALLEY REGIONAL WATER FINANCE AUTHORITY;
    4      UPPER MOHAWK VALLEY MEMORIAL AUDITORIUM AUTHORITY;
    5      URBAN DEVELOPMENT CORPORATION AND ITS SUBSIDIARY CORPORATIONS; AND
    6    (C)  THE  FOLLOWING  ENTITIES,  ONLY  TO THE EXTENT OF STATE CONTRACTS
    7  ENTERED INTO FOR ITS OWN ACCOUNT OR FOR THE BENEFIT OF A STATE AGENCY AS
    8  DEFINED IN PARAGRAPH (A) OR (B) OF THIS SUBDIVISION: DORMITORY AUTHORITY
    9  OF THE STATE OF NEW YORK; FACILITIES DEVELOPMENT CORPORATION;  NEW  YORK
   10  STATE  ENERGY RESEARCH AND DEVELOPMENT AUTHORITY; NEW YORK STATE SCIENCE
   11  AND TECHNOLOGY FOUNDATION.
   12    7. "STATE ASSISTED HOUSING PROJECT"  SHALL  MEAN,  FOR  SUCH  PROJECTS
   13  WHICH  RECEIVE  FROM  THE  NEW  YORK  STATE  HOUSING FINANCE AGENCY, THE
   14  AFFORDABLE HOUSING CORPORATION, THE HOUSING TRUST  FUND  CORPORATION  OR
   15  THE DIVISION OF HOUSING AND COMMUNITY RENEWAL A GRANT OR LOAN FOR ALL OR
   16  PART OF THE TOTAL PROJECT COST:
   17    (A)  A  "PERMANENT HOUSING PROJECT FOR HOMELESS FAMILIES" OR "PROJECT"
   18  AS DEFINED IN SUBDIVISION FIVE OF  SECTION  SIXTY-FOUR  OF  THE  PRIVATE
   19  HOUSING FINANCE LAW;
   20    (B)  A "PROJECT" AS DEFINED IN SUBDIVISION TWELVE OF SECTION ONE THOU-
   21  SAND ONE HUNDRED ONE OF THE PRIVATE HOUSING FINANCE  LAW  PROVIDED  SAID
   22  PROJECT  IS  LOCATED  IN A LARGE COUNTY AND CONSISTS OF MORE THAN TWELVE
   23  RESIDENTIAL UNITS AT A SINGLE SITE;
   24    (C) "AFFORDABLE HOME OWNERSHIP DEVELOPMENT PROGRAMS" OR  "PROJECT"  AS
   25  DEFINED  IN SUBDIVISION EIGHT OF SECTION ONE THOUSAND ONE HUNDRED ELEVEN
   26  OF THE PRIVATE HOUSING FINANCE LAW PROVIDED SAID PROJECT IS LOCATED IN A
   27  METROPOLITAN AREA AS DEFINED IN SUBDIVISION FIVE  OF  THIS  SECTION  AND
   28  CONSISTS OF MORE THAN TWELVE RESIDENTIAL UNITS AT A SINGLE SITE;
   29    (D)  A  "TURNKEY/ENHANCED  RENTAL  PROJECT" OR "PROJECT" AS DEFINED IN
   30  SUBDIVISION TWO OF SECTION ONE THOUSAND ONE HUNDRED SIX-A OF THE PRIVATE
   31  HOUSING FINANCE LAW;
   32    (E) "INFRASTRUCTURE IMPROVEMENTS" AS DEFINED  IN  SUBDIVISION  TWO  OF
   33  SECTION  ONE  THOUSAND  ONE  HUNDRED  THIRTY-ONE  OF THE PRIVATE HOUSING
   34  FINANCE LAW, TO THE EXTENT THAT SUCH "INFRASTRUCTURE  IMPROVEMENTS"  ARE
   35  APPLIED  FOR  IN  CONNECTION  WITH  A  STATE ASSISTED HOUSING PROJECT AS
   36  DEFINED IN PARAGRAPHS (A) THROUGH (D) OF THIS SUBDIVISION  AND  PROVIDED
   37  FURTHER  THAN THE APPLICANT FOR SUCH INFRASTRUCTURE IMPROVEMENTS AND FOR
   38  SUCH STATE ASSISTED HOUSING PROJECT ARE IDENTICAL.
   39    8. "STATE CONTRACT" SHALL MEAN:
   40    (A) A WRITTEN AGREEMENT OR PURCHASE ORDER INSTRUMENT, PROVIDING FOR  A
   41  TOTAL  EXPENDITURE  IN EXCESS OF TWENTY-FIVE THOUSAND DOLLARS, WHEREBY A
   42  CONTRACTING AGENCY IS COMMITTED TO EXPEND OR DOES EXPEND FUNDS IN RETURN
   43  FOR LABOR, SERVICES INCLUDING, BUT NOT LIMITED TO, LEGAL, FINANCIAL  AND
   44  OTHER  PROFESSIONAL  SERVICES,  SUPPLIES,  EQUIPMENT,  MATERIALS  OR ANY
   45  COMBINATION OF THE FOREGOING,  TO  BE  PERFORMED  FOR,  OR  RENDERED  OR
   46  FURNISHED TO THE CONTRACTING AGENCY;
   47    (B)  A  WRITTEN  AGREEMENT  IN  EXCESS OF ONE HUNDRED THOUSAND DOLLARS
   48  WHEREBY A CONTRACTING AGENCY IS COMMITTED TO EXPEND OR DOES EXPEND FUNDS
   49  FOR THE ACQUISITION, CONSTRUCTION, DEMOLITION, REPLACEMENT, MAJOR REPAIR
   50  OR RENOVATION OF REAL PROPERTY AND IMPROVEMENTS THEREON; AND
   51    (C) A WRITTEN AGREEMENT IN EXCESS  OF  ONE  HUNDRED  THOUSAND  DOLLARS
   52  WHEREBY  THE  OWNER  OF A STATE ASSISTED HOUSING PROJECT IS COMMITTED TO
   53  EXPEND OR DOES EXPEND FUNDS FOR THE ACQUISITION,  CONSTRUCTION,  DEMOLI-
   54  TION,  REPLACEMENT,  MAJOR  REPAIR  OR  RENOVATION  OF REAL PROPERTY AND
   55  IMPROVEMENTS THEREON FOR SUCH PROJECT.
       S. 6059                             4
    1    9. "SMALL BUSINESS" AS USED IN THIS SECTION,  SHALL  MEAN  A  BUSINESS
    2  WHICH  IS  RESIDENT IN THIS STATE, INDEPENDENTLY OWNED AND OPERATED, NOT
    3  DOMINANT IN ITS FIELD, AND EMPLOYING NOT MORE THAN ONE HUNDRED  INDIVID-
    4  UALS.
    5    S  328-C.  EQUAL  PAY DISCLOSURE; REPORTING. 1.  ALL CONTRACTORS, AS A
    6  CONDITION UPON ENTERING  INTO  A  CONTRACT  WITH  THE  STATE,  SHALL  BE
    7  REQUIRED  TO  SUBMIT  SUMMARY  DATA, IN SUCH FORM AS THE COMPTROLLER MAY
    8  PRESCRIBE BY REGULATION PURSUANT TO SUBDIVISION THREE OF  THIS  SECTION,
    9  ON  EMPLOYEE COMPENSATION BY SEX, RACE, ETHNICITY, SPECIFIED JOB CATEGO-
   10  RIES, AND OTHER RELEVANT DATA INCLUDING BUT NOT LIMITED TO HOURS WORKED,
   11  AND THE NUMBER OF EMPLOYEES.
   12    2. THE STATE COMPTROLLER SHALL SUBMIT A REPORT TO  THE  GOVERNOR,  THE
   13  ATTORNEY  GENERAL,  THE  COMMISSIONER OF THE OFFICE OF GENERAL SERVICES,
   14  THE COMMISSIONER OF THE DEPARTMENT OF LABOR,  THE  COMMISSIONER  OF  THE
   15  DIVISION OF HUMAN RIGHTS, AND THE LEGISLATIVE FISCAL COMMITTEES CONTAIN-
   16  ING DATA RELATED TO THE EQUAL PAY REPORTS SUBMITTED BY CONTRACTORS. SUCH
   17  REPORT  SHALL  BE  MADE ANNUALLY, ON A FISCAL YEAR BASIS BY THE FIRST OF
   18  JULY OF THE NEXT SUCCEEDING YEAR.
   19    (A) THE REPORT SHALL INCLUDE A LIST  OF  CONTRACTORS  THAT  THE  STATE
   20  COMPTROLLER  HAS  IDENTIFIED AS BEING IN COMPLIANCE WITH SOUND EQUAL PAY
   21  PRACTICES.
   22    (B) THE INFORMATION REQUIRED BY THIS SUBDIVISION SHALL BE PROVIDED  IN
   23  ELECTRONIC  FORMAT  IN  SUCH FORM AS PRESCRIBED BY THE STATE COMPTROLLER
   24  SUCH THAT THE DATA CAN BE SEARCHED AND SORTED.
   25    (C) ALL REPORTS REQUIRED UNDER THIS SUBDIVISION SHALL BE AVAILABLE FOR
   26  PUBLIC INSPECTION AND COPYING PURSUANT TO SECTION  EIGHTY-SEVEN  OF  THE
   27  PUBLIC OFFICERS LAW PROVIDED THAT IN DISCLOSING SUCH REPORTS PURSUANT TO
   28  THE  PUBLIC OFFICERS LAW, THE STATE COMPTROLLER SHALL REDACT THE NAME OR
   29  SOCIAL SECURITY NUMBER OF ANY INDIVIDUAL EMPLOYEE THAT  IS  INCLUDED  IN
   30  SUCH DOCUMENT.
   31    3. THE STATE COMPTROLLER, IN CONSULTATION WITH THE COMMISSIONER OF THE
   32  OFFICE OF GENERAL SERVICES, SHALL PROMULGATE REGULATIONS:
   33    (A)  REGARDING  THE  CONTENT AND THE TIMELY AND PROPER FILING OF EQUAL
   34  PAY REPORTS BY CONTRACTORS; AND
   35    (B) SETTING FORTH MEASURES AND PROCEDURES TO REQUIRE  ALL  CONTRACTING
   36  AGENCIES,  WHERE  PRACTICABLE,  FEASIBLE  AND APPROPRIATE, TO ASSESS THE
   37  EQUAL PAY PRACTICES OF  CONTRACTORS  SUBMITTING  BIDS  OR  PROPOSALS  IN
   38  CONNECTION  WITH  THE  AWARD  OF  A STATE CONTRACT. SUCH RULES AND REGU-
   39  LATIONS SHALL TAKE INTO ACCOUNT: THE  NATURE  OF  THE  LABOR,  SERVICES,
   40  SUPPLIES, EQUIPMENT OR MATERIALS BEING PROCURED BY THE STATE AGENCY; THE
   41  METHOD OF PROCUREMENT REQUIRED TO BE USED BY A STATE AGENCY TO AWARD THE
   42  CONTRACT;  THE  EQUAL  PAY  REPORTS REQUIRED TO BE SUBMITTED PURSUANT TO
   43  SUBDIVISION ONE OF THIS SECTION; AND SUCH OTHER  FACTORS  AS  THE  COMP-
   44  TROLLER  DEEMS  APPROPRIATE  OR  NECESSARY TO PROMOTE THE AWARD OF STATE
   45  CONTRACTS TO CONTRACTORS HAVING SOUND EQUAL PAY PRACTICES. SUCH  ASSESS-
   46  MENT  SHALL  NOT  PERMIT THE AUTOMATIC REJECTION OF A BID OR PROCUREMENT
   47  PROPOSAL BASED ON THE LACK OF ADHERENCE TO EQUAL PAY PRACTICES. EACH BID
   48  OR PROPOSAL SHALL BE ANALYZED ON AN INDIVIDUAL PER BID OR  PER  PROPOSAL
   49  BASIS  WITH  THE  CONTRACTOR'S  EQUAL PAY PRACTICES CONSIDERED AS ONLY A
   50  PART OF A WIDER CONSIDERATION OF SEVERAL FACTORS WHEN DECIDING TO  AWARD
   51  OR DECLINE TO AWARD A BID OR PROPOSAL.
   52    S  328-D.  PROHIBITIONS  IN  CONTRACTS;  VIOLATIONS. EVERY CONTRACTING
   53  AGENCY SHALL INCLUDE  A  PROVISION  IN  ITS  STATE  CONTRACTS  EXPRESSLY
   54  PROVIDING  THAT  ANY CONTRACTOR WHO WILLFULLY AND INTENTIONALLY FAILS TO
   55  COMPLY WITH THE REQUIREMENTS OF THIS ARTICLE AS SET FORTH IN SUCH  STATE
   56  CONTRACT  SHALL  BE  LIABLE  TO THE CONTRACTING AGENCY FOR LIQUIDATED OR
       S. 6059                             5
    1  OTHER APPROPRIATE DAMAGES AND SHALL PROVIDE FOR OTHER APPROPRIATE  REME-
    2  DIES ON ACCOUNT OF SUCH BREACH.
    3    S  2. This act shall take effect on the first of January next succeed-
    4  ing the date upon which it shall have become a law and  shall  apply  to
    5  all  contracts  with  the  state entered into on or after such effective
    6  date.