Bill Text: NY S05217 | 2011-2012 | General Assembly | Introduced
Bill Title: Relates to specifications for public works contracts; requires that certain contractors and subcontractors participate in apprenticeship training programs.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2012-01-04 - REFERRED TO LOCAL GOVERNMENT [S05217 Detail]
Download: New_York-2011-S05217-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 5217 2011-2012 Regular Sessions I N S E N A T E May 3, 2011 ___________ Introduced by Sen. MARTINS -- read twice and ordered printed, and when printed to be committed to the Committee on Local Government AN ACT to amend the general municipal law, the state finance law, the public housing law, the education law, the public authorities law, the labor law, chapter 560 of the laws of 1980 authorizing the city of New York to adopt a solid waste management law and chapter 892 of the laws of 1971 amending the public authorities law and other laws relating to enabling the dormitory authority to construct and finance dormitories, in relation to separate specifications for public works contracts THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. Subdivisions 1 and 5 of section 101 of the general munici- 2 pal law, subdivision 1 as amended and subdivision 5 as added by section 3 1 of part MM of chapter 57 of the laws of 2008, are amended to read as 4 follows: 5 1. Except as otherwise provided in section two hundred twenty-two of 6 the labor law, every officer, board or agency of a political subdivision 7 or of any district therein, charged with the duty of preparing specifi- 8 cations or awarding or entering into contracts for the erection, 9 construction, reconstruction or alteration of buildings[, when the 10 entire cost of such public work shall exceed three million dollars in 11 the counties of the Bronx, Kings, New York, Queens, and Richmond; one 12 million five hundred thousand dollars in the counties of Nassau, Suffolk 13 and Westchester; and five hundred thousand dollars in all other counties 14 within the state,] shall prepare separate specifications for the follow- 15 ing three subdivisions of the work to be performed UNLESS A BIDDER 16 SATISFIES THE REQUIREMENTS OF SUBDIVISION FIVE OF THIS SECTION: 17 a. Plumbing and gas fitting; 18 b. Steam heating, hot water heating, ventilating and air conditioning 19 apparatus; and 20 c. Electric wiring and standard illuminating fixtures. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD11342-01-1 S. 5217 2 1 5. Each bidder on a public work contract, where [the preparation of] 2 separate specifications [is not required] ARE NOT PREPARED PURSUANT TO 3 SUBDIVISION ONE OF THIS SECTION OR ARE NOT REQUIRED TO BE PREPARED 4 PURSUANT TO SECTION TWO HUNDRED TWENTY-TWO OF THE LABOR LAW, shall 5 submit with its bid a separate sealed list that names each subcontractor 6 that the bidder will use to perform work on the contract, and the 7 agreed-upon amount to be paid to each, for: (a) plumbing and gas 8 fitting, (b) steam heating, hot water heating, ventilating and air 9 conditioning apparatus and (c) electric wiring and standard illuminating 10 fixtures; AND SUCH PUBLIC WORK CONTRACT SHALL REQUIRE EACH CONTRACTOR 11 AND SUBCONTRACTOR TO PARTICIPATE IN APPRENTICE TRAINING PROGRAMS IN THE 12 TRADES OF WORK IT EMPLOYS THAT HAVE BEEN APPROVED BY THE DEPARTMENT FOR 13 NOT LESS THAN THREE YEARS AND SHALL HAVE GRADUATED AT LEAST ONE APPREN- 14 TICE IN THE LAST THREE YEARS AND SHALL HAVE AT LEAST ONE APPRENTICE 15 CURRENTLY ENROLLED IN SUCH APPRENTICESHIP TRAINING PROGRAM. After the 16 low bid is announced, the sealed list of subcontractors submitted with 17 such low bid shall be opened and the names of such subcontractors shall 18 be announced, and thereafter any change of subcontractor or agreed-upon 19 amount to be paid to each shall require the approval of the public 20 owner, upon a showing presented to the public owner of legitimate 21 construction need for such change, which shall be open to public 22 inspection. Legitimate construction need shall include, but not be 23 limited to, a change in project specifications, a change in construction 24 material costs, a change to subcontractor status as determined pursuant 25 to paragraph (e) of subdivision two of section two hundred twenty-two of 26 the labor law, or the subcontractor has become otherwise unwilling, 27 unable or unavailable to perform the subcontract. The sealed lists of 28 subcontractors submitted by all other bidders shall be returned to them 29 unopened after the contract award. 30 S 2. Paragraphs (b) and (b-1) of subdivision 7 of section 120-w of the 31 general municipal law, paragraph (b) as amended and paragraph (b-1) as 32 added by section 2 of part MM of chapter 57 of the laws of 2008, are 33 amended to read as follows: 34 (b) Except as otherwise provided in section two hundred twenty-two of 35 the labor law[, when the entire cost of constructing such building shall 36 exceed three million dollars in the counties of the Bronx, Kings, New 37 York, Queens, and Richmond; one million five hundred thousand dollars in 38 the counties of Nassau, Suffolk and Westchester; and five hundred thou- 39 sand dollars in all other counties within the state,] the project devel- 40 oper shall prepare separate specifications for the following subdivi- 41 sions of such work, so as to permit separate and independent bidding 42 upon each subdivision UNLESS A BIDDER SATISFIES THE REQUIREMENTS OF 43 PARAGRAPH (B-1) OF THIS SUBDIVISION: 44 (i) plumbing and gas fittings; 45 (ii) steam heating, hot water heating, ventilating and air condition- 46 ing apparatus; and 47 (iii) electric wiring and standard illuminating fixtures. 48 (b-1) Each bidder on a public work contract, where [the preparation 49 of] separate specifications [is not required] ARE NOT PREPARED PURSUANT 50 TO PARAGRAPH (B) OF THIS SUBDIVISION OR ARE NOT REQUIRED TO BE PREPARED 51 PURSUANT TO SECTION TWO HUNDRED TWENTY-TWO OF THE LABOR LAW, shall 52 submit with its bid a separate sealed list that names each subcontractor 53 that the bidder will use to perform work on the contract, and the 54 agreed-upon amount to be paid to each, for: (i) plumbing and gas 55 fitting, (ii) steam heating, hot water heating, ventilating and air 56 conditioning apparatus and (iii) electric wiring and standard illuminat- S. 5217 3 1 ing fixtures; AND SUCH PUBLIC WORK CONTRACT SHALL REQUIRE EACH CONTRAC- 2 TOR AND SUBCONTRACTOR TO PARTICIPATE IN APPRENTICE TRAINING PROGRAMS IN 3 THE TRADES OF WORK IT EMPLOYS THAT HAVE BEEN APPROVED BY THE DEPARTMENT 4 FOR NOT LESS THAN THREE YEARS AND SHALL HAVE GRADUATED AT LEAST ONE 5 APPRENTICE IN THE LAST THREE YEARS AND SHALL HAVE AT LEAST ONE APPREN- 6 TICE CURRENTLY ENROLLED IN SUCH APPRENTICESHIP TRAINING PROGRAM. After 7 the low bid is announced, the sealed list of subcontractors submitted 8 with such low bid shall be opened and the names of such subcontractors 9 shall be announced, and thereafter any change of subcontractor or 10 agreed-upon amount to be paid to each shall require the approval of the 11 public owner, upon a showing presented to the public owner of legitimate 12 construction need for such change, which shall be open to public 13 inspection. Legitimate construction need shall include, but not be 14 limited to, a change in project specifications, a change in construction 15 material costs, a change to subcontractor status as determined pursuant 16 to paragraph (e) of subdivision two of section two hundred twenty-two of 17 the labor law, or the subcontractor has become otherwise unwilling, 18 unable or unavailable to perform the subcontract. The sealed lists of 19 subcontractors submitted by all other bidders shall be returned to them 20 unopened after the contract award. 21 S 3. Section 135 of the state finance law, as amended by section 3 of 22 part MM of chapter 57 of the laws of 2008, is amended to read as 23 follows: 24 S 135. Separate specifications for contract work for the state. 1. 25 Except as otherwise provided in section two hundred twenty-two of the 26 labor law, every officer, board, department, commission or commissions, 27 charged with the duty of preparing specifications or awarding or enter- 28 ing into contracts for the erection, construction or alteration of 29 buildings, for the state[, when the entire cost of such work shall 30 exceed three million dollars in the counties of the Bronx, Kings, New 31 York, Queens, and Richmond; one million five hundred thousand dollars in 32 the counties of Nassau, Suffolk and Westchester; and five hundred thou- 33 sand dollars in all other counties within the state,] must have prepared 34 separate specifications for each of the following three subdivisions of 35 the work to be performed UNLESS A BIDDER SATISFIES THE REQUIREMENTS OF 36 SUBDIVISION THREE OF THIS SECTION: 37 [1.] A. Plumbing and gas fitting. 38 [2.] B. Steam heating, hot water heating, ventilating and air condi- 39 tioning apparatus. 40 [3.] C. Electric wiring and standard illuminating fixtures. 41 2. Such specifications must be so drawn as to permit separate and 42 independent bidding upon each of the above three subdivisions of work. 43 All contracts hereafter awarded by the state or a department, board, 44 commissioner or officer thereof, for the erection, construction or 45 alteration of buildings, or any part thereof, shall award the three 46 subdivisions of the above specified work separately to responsible and 47 reliable persons, firms or corporations engaged in these classes of 48 work. A contract for one or more buildings in any project shall be 49 awarded to the lowest responsible bidder for all the buildings included 50 in the specifications. 51 3. Each bidder on a public work contract, where [the preparation of] 52 separate specifications [is not required] ARE NOT PREPARED PURSUANT TO 53 SUBDIVISION ONE OF THIS SECTION OR ARE NOT REQUIRED TO BE PREPARED 54 PURSUANT TO SECTION TWO HUNDRED TWENTY-TWO OF THE LABOR LAW, shall 55 submit with its bid a separate sealed list that names each subcontractor 56 that the bidder will use to perform work on the contract, and the S. 5217 4 1 agreed-upon amount to be paid to each, for: (a) plumbing and gas 2 fitting, (b) steam heating, hot water heating, ventilating and air 3 conditioning apparatus and (c) electric wiring and standard illuminating 4 fixtures; AND SUCH PUBLIC WORK CONTRACT SHALL REQUIRE EACH CONTRACTOR 5 AND SUBCONTRACTOR TO PARTICIPATE IN APPRENTICE TRAINING PROGRAMS IN THE 6 TRADES OF WORK IT EMPLOYS THAT HAVE BEEN APPROVED BY THE DEPARTMENT FOR 7 NOT LESS THAN THREE YEARS AND SHALL HAVE GRADUATED AT LEAST ONE APPREN- 8 TICE IN THE LAST THREE YEARS AND SHALL HAVE AT LEAST ONE APPRENTICE 9 CURRENTLY ENROLLED IN SUCH APPRENTICESHIP TRAINING PROGRAM. After the 10 low bid is announced, the sealed list of subcontractors submitted with 11 such low bid shall be opened and the names of such subcontractors shall 12 be announced, and thereafter any change of subcontractor or agreed-upon 13 amount to be paid to each shall require the approval of the public 14 owner, upon a showing presented to the public owner of legitimate 15 construction need for such change, which shall be open to public 16 inspection. Legitimate construction need shall include, but not be 17 limited to, a change in project specifications, a change in construction 18 material costs, a change to subcontractor status as determined pursuant 19 to paragraph (e) of subdivision two of section two hundred twenty-two of 20 the labor law, or the subcontractor has become otherwise unwilling, 21 unable or unavailable to perform the subcontract. The sealed lists of 22 subcontractors submitted by all other bidders shall be returned to them 23 unopened after the contract award. 24 4. Nothing in this section shall be construed to prevent the authori- 25 ties in charge of any state building, from performing any such branches 26 of work by or through their regular employees, or in the case of public 27 institutions, by the inmates thereof. 28 S 4. Subdivisions 1 and 2-a of section 151-a of the public housing 29 law, subdivision 1 as amended and subdivision 2-a as added by section 4 30 of part MM of chapter 57 of the laws of 2008, are amended to read to as 31 follows: 32 1. Notwithstanding any inconsistent provision of this chapter or any 33 other general, special or local law, except as otherwise provided in 34 section two hundred twenty-two of the labor law, any authority or muni- 35 cipality, or any officer, board, department, commission or other agency 36 thereof charged with the duty of preparing specifications or awarding or 37 entering into contracts involving the erection, construction, recon- 38 struction or alteration of any building or other appurtenance as a part 39 of or in connection with a project or any part thereof in any part of 40 the state under or pursuant to the authority of this chapter[, when the 41 entire cost of such work shall exceed three million dollars in the coun- 42 ties of the Bronx, Kings, New York, Queens, and Richmond; one million 43 five hundred thousand dollars in the counties of Nassau, Suffolk and 44 Westchester; and five hundred thousand dollars in all other counties 45 within the state,] must have prepared separate specifications for the 46 following three subdivisions of the work to be performed UNLESS A BIDDER 47 SATISFIES THE REQUIREMENTS OF SUBDIVISION TWO-A OF THIS SECTION: 48 a. Plumbing and gas fitting; 49 b. Steam heating, hot water heating, ventilating and air conditioning 50 apparatus; and 51 c. Electric wiring and standard illuminating fixtures. 52 2-a. Each bidder on a public work contract, where [the preparation of] 53 separate specifications [is not required] ARE NOT PREPARED PURSUANT TO 54 SUBDIVISION ONE OF THIS SECTION OR ARE NOT REQUIRED TO BE PREPARED 55 PURSUANT TO SECTION TWO HUNDRED TWENTY-TWO OF THE LABOR LAW, shall 56 submit with its bid a separate sealed list that names each subcontractor S. 5217 5 1 that the bidder will use to perform work on the contract, and the 2 agreed-upon amount to be paid to each, for: a. plumbing and gas fitting, 3 b. steam heating, hot water heating, ventilating and air conditioning 4 apparatus and c. electric wiring and standard illuminating fixtures; 5 AND SUCH PUBLIC WORK CONTRACT SHALL REQUIRE EACH CONTRACTOR AND SUBCON- 6 TRACTOR TO PARTICIPATE IN APPRENTICE TRAINING PROGRAMS IN THE TRADES OF 7 WORK IT EMPLOYS THAT HAVE BEEN APPROVED BY THE DEPARTMENT FOR NOT LESS 8 THAN THREE YEARS AND SHALL HAVE GRADUATED AT LEAST ONE APPRENTICE IN THE 9 LAST THREE YEARS AND SHALL HAVE AT LEAST ONE APPRENTICE CURRENTLY 10 ENROLLED IN SUCH APPRENTICESHIP TRAINING PROGRAM. After the low bid is 11 announced, the sealed list of subcontractors submitted with such low bid 12 shall be opened and the names of such subcontractors shall be announced, 13 and thereafter any change of subcontractor or agreed-upon amount to be 14 paid to each shall require the approval of the public owner, upon a 15 showing presented to the public owner of legitimate construction need 16 for such change, which shall be open to public inspection. Legitimate 17 construction need shall include, but not be limited to, a change in 18 project specifications, a change in construction material costs, a 19 change to subcontractor status as determined pursuant to paragraph (e) 20 of subdivision two of section two hundred twenty-two of the labor law, 21 or the subcontractor has become otherwise unwilling, unable or unavail- 22 able to perform the subcontract. The sealed lists of subcontractors 23 submitted by all other bidders shall be returned to them unopened after 24 the contract award. 25 S 5. The opening paragraph of subdivision 2 and subdivision 2-a of 26 section 458 of the education law, the opening paragraph of subdivision 2 27 as amended and subdivision 2-a as added by section 5 of part MM of chap- 28 ter 57 of the laws of 2008, are amended to read as follows: 29 Except as otherwise provided in section two hundred twenty-two of the 30 labor law, every contract, lease or other agreement entered into by or 31 on behalf of the fund for the acquisition, lease, construction, recon- 32 struction, rehabilitation or improvement of the school portion of the 33 work in any combined occupancy structure shall contain a provision 34 that[, when the entire cost of any such contemplated construction, 35 reconstruction, rehabilitation or improvement for the school portion of 36 the work shall exceed three million dollars in the counties of the 37 Bronx, Kings, New York, Queens, and Richmond; one million five hundred 38 thousand dollars in the counties of Nassau, Suffolk and Westchester; and 39 five hundred thousand dollars in all other counties within the state,] 40 separate specifications shall be prepared for the following three subdi- 41 visions of the work on the school portion to be performed UNLESS A 42 BIDDER SATISFIES THE REQUIREMENTS OF SUBDIVISION TWO-A OF THIS SECTION: 43 2-a. Each bidder on a public work contract, where [the preparation of] 44 separate specifications [is not required] ARE NOT PREPARED PURSUANT TO 45 SUBDIVISION TWO OF THIS SECTION OR ARE NOT REQUIRED TO BE PREPARED 46 PURSUANT TO SECTION TWO HUNDRED TWENTY-TWO OF THE LABOR LAW, shall 47 submit with its bid a separate sealed list that names each subcontractor 48 that the bidder will use to perform work on the contract, and the 49 agreed-upon amount to be paid to each, for: a. plumbing and gas fitting, 50 b. steam heating, hot water heating, ventilating and air conditioning 51 apparatus and c. electric wiring and standard illuminating fixtures; 52 AND SUCH PUBLIC WORK CONTRACT SHALL REQUIRE EACH CONTRACTOR AND SUBCON- 53 TRACTOR TO PARTICIPATE IN APPRENTICE TRAINING PROGRAMS IN THE TRADES OF 54 WORK IT EMPLOYS THAT HAVE BEEN APPROVED BY THE DEPARTMENT FOR NOT LESS 55 THAN THREE YEARS AND SHALL HAVE GRADUATED AT LEAST ONE APPRENTICE IN THE 56 LAST THREE YEARS AND SHALL HAVE AT LEAST ONE APPRENTICE CURRENTLY S. 5217 6 1 ENROLLED IN SUCH APPRENTICESHIP TRAINING PROGRAM. After the low bid is 2 announced, the sealed list of subcontractors submitted with such low bid 3 shall be opened and the names of such subcontractors shall be announced, 4 and thereafter any change of subcontractor or agreed-upon amount to be 5 paid to each shall require the approval of the public owner, upon a 6 showing presented to the public owner of legitimate construction need 7 for such change, which shall be open to public inspection. Legitimate 8 construction need shall include, but not be limited to, a change in 9 project specifications, a change in construction material costs, a 10 change to subcontractor status as determined pursuant to paragraph (e) 11 of subdivision two of section two hundred twenty-two of the labor law, 12 or the subcontractor has become otherwise unwilling, unable or unavail- 13 able to perform the subcontract. The sealed lists of subcontractors 14 submitted by all other bidders shall be returned to them unopened after 15 the contract award. 16 S 6. The opening paragraph of subdivision 2 and subdivision 2-a of 17 section 482 of the education law, the opening paragraph of subdivision 2 18 as amended and subdivision 2-a as added by section 6 of part MM of chap- 19 ter 57 of the laws of 2008, are amended to read as follows: 20 Except as otherwise provided in section two hundred twenty-two of the 21 labor law, every contract, lease or other agreement entered into by or 22 on behalf of the fund for the acquisition, lease, construction, recon- 23 struction, rehabilitation or improvement of any combined occupancy 24 structure shall contain a provision that[, when the entire cost of any 25 such contemplated construction, reconstruction, rehabilitation or 26 improvement shall exceed three million dollars in the counties of the 27 Bronx, Kings, New York, Queens, and Richmond; one million five hundred 28 thousand dollars in the counties of Nassau, Suffolk and Westchester; and 29 five hundred thousand dollars in all other counties within the state,] 30 separate specifications shall be prepared for the following three subdi- 31 visions of the work to be performed UNLESS A BIDDER SATISFIES THE 32 REQUIREMENTS OF SUBDIVISION TWO-A OF THIS SECTION: 33 2-a. Each bidder on a public work contract, where [the preparation of] 34 separate specifications [is not required] ARE NOT PREPARED PURSUANT TO 35 SUBDIVISION TWO OF THIS SECTION OR ARE NOT REQUIRED TO BE PREPARED 36 PURSUANT TO SECTION TWO HUNDRED TWENTY-TWO OF THE LABOR LAW, shall 37 submit with its bid a separate sealed list that names each subcontractor 38 that the bidder will use to perform work on the contract, and the 39 agreed-upon amount to be paid to each, for: a. plumbing and gas fitting, 40 b. steam heating, hot water heating, ventilating and air conditioning 41 apparatus and c. electric wiring and standard illuminating fixtures; 42 AND SUCH PUBLIC WORK CONTRACT SHALL REQUIRE EACH CONTRACTOR AND SUBCON- 43 TRACTOR TO PARTICIPATE IN APPRENTICE TRAINING PROGRAMS IN THE TRADES OF 44 WORK IT EMPLOYS THAT HAVE BEEN APPROVED BY THE DEPARTMENT FOR NOT LESS 45 THAN THREE YEARS AND SHALL HAVE GRADUATED AT LEAST ONE APPRENTICE IN THE 46 LAST THREE YEARS AND SHALL HAVE AT LEAST ONE APPRENTICE CURRENTLY 47 ENROLLED IN SUCH APPRENTICESHIP TRAINING PROGRAM. After the low bid is 48 announced, the sealed list of subcontractors submitted with such low bid 49 shall be opened and the names of such subcontractors shall be announced, 50 and thereafter any change of subcontractor or agreed-upon amount to be 51 paid to each shall require the approval of the public owner, upon a 52 showing presented to the public owner of legitimate construction need 53 for such change, which shall be open to public inspection. Legitimate 54 construction need shall include, but not be limited to, a change in 55 project specifications, a change in construction material costs, a 56 change to subcontractor status as determined pursuant to paragraph (e) S. 5217 7 1 of subdivision two of section two hundred twenty-two of the labor law, 2 or the subcontractor has become otherwise unwilling, unable or unavail- 3 able to perform the subcontract. The sealed lists of subcontractors 4 submitted by all other bidders shall be returned to them unopened after 5 the contract award. 6 S 7. Subdivisions 2 and 2-a of section 1045-i of the public authori- 7 ties law, subdivision 2 as amended and subdivision 2-a as added by 8 section 7 of part MM of chapter 57 of the laws of 2008, are amended to 9 read as follows: 10 2. Any such agreements (i) shall describe in sufficient detail for 11 reasonable identification the particular water project to be financed in 12 whole or in part by the authority, (ii) shall describe the plan for the 13 financing of the cost of the construction of such water project, includ- 14 ing the amount, if any, to be provided by the water board and the source 15 or sources thereof, (iii) shall set forth the method by which and by 16 whom and the terms and conditions upon which moneys provided by the 17 authority shall be disbursed, (iv) may require, in the discretion of the 18 authority, the payment to the authority of the proceeds of any state and 19 federal grants available to the water board, (v) shall provide for the 20 establishment of user fees, rates, rents and other charges and the 21 charging and collection thereof by the water board for the use of, or 22 services furnished, rendered or made available by such system such as to 23 provide that such board receive revenues at least sufficient, together 24 with other revenues of the board, if any, to meet the requirements of 25 subdivision one of section one thousand forty-five-j of this title, 26 provided that revenues received by such board shall be deposited in a 27 special fund established pursuant to this title and disbursed to, and 28 upon certification of, the authority, (vi) may provide for the transfer 29 by the city to the water board pursuant to section one thousand forty- 30 five-h of this title of ownership of the sewerage system or water 31 system, or both, as the case may be, of which such project will form a 32 part by the city, (vii) shall provide for the construction and 33 completion of such water project by the city and for the operation, 34 maintenance and repair thereof as an integrated part of the system of 35 which such water project forms a part, subject to such terms and condi- 36 tions, not inconsistent with this title, which may be in the public 37 interest and necessary or desirable properly and adequately to secure 38 the holders of bonds of the authority, provided, however, all contracts 39 for public work and all purchase contracts shall be awarded by the city 40 as provided by law for the award of such contracts by the city and that 41 all contracts for construction shall be let in accordance with the 42 provisions of state law pertaining to prevailing wages, labor standards 43 and working hours. Except as otherwise provided in section two hundred 44 twenty-two of the labor law, [when the entire cost of constructing a 45 building as part of any water project shall exceed three million 46 dollars,] the city shall prepare separate specifications for the follow- 47 ing three subdivisions of the work to be performed UNLESS A BIDDER 48 SATISFIES THE REQUIREMENTS OF SUBDIVISION TWO-A OF THIS SECTION: (a) 49 plumbing and gas fitting; (b) steam heating, hot water heating, venti- 50 lating and air conditioning apparatus; and (c) electric wiring and stan- 51 dard illuminating fixtures, (viii) shall provide for the discontinuance 52 or disconnection of the supply of water or the provision of sewerage 53 service, or both, as the case may be, for non-payment of fees, rates, 54 rents or other charges therefor imposed by the water board, provided 55 such discontinuance or disconnection of any supply of water or the 56 provision of sewerage service, or both, as the case may be, shall not be S. 5217 8 1 carried out except in the manner and upon the notice as is required of a 2 waterworks corporation pursuant to subdivisions three-a, three-b and 3 three-c of section eighty-nine-b and section one hundred sixteen of the 4 public service law, and (ix) in the discretion of the authority, require 5 reports concerning the project from the water board to the authority and 6 the city. 7 2-a. Each bidder on a public work contract, where [the preparation of] 8 separate specifications [is not required] ARE NOT PREPARED PURSUANT TO 9 SUBDIVISION TWO OF THIS SECTION OR ARE NOT REQUIRED TO BE PREPARED 10 PURSUANT TO SECTION TWO HUNDRED TWENTY-TWO OF THE LABOR LAW, shall 11 submit with its bid a separate sealed list that names each subcontractor 12 that the bidder will use to perform work on the contract, and the 13 agreed-upon amount to be paid to each, for: (a) plumbing and gas 14 fitting, (b) steam heating, hot water heating, ventilating and air 15 conditioning apparatus and (c) electric wiring and standard illuminating 16 fixtures; AND SUCH PUBLIC WORK CONTRACT SHALL REQUIRE EACH CONTRACTOR 17 AND SUBCONTRACTOR TO PARTICIPATE IN APPRENTICE TRAINING PROGRAMS IN THE 18 TRADES OF WORK IT EMPLOYS THAT HAVE BEEN APPROVED BY THE DEPARTMENT FOR 19 NOT LESS THAN THREE YEARS AND SHALL HAVE GRADUATED AT LEAST ONE APPREN- 20 TICE IN THE LAST THREE YEARS AND SHALL HAVE AT LEAST ONE APPRENTICE 21 CURRENTLY ENROLLED IN SUCH APPRENTICESHIP TRAINING PROGRAM. After the 22 low bid is announced, the sealed list of subcontractors submitted with 23 such low bid shall be opened and the names of such subcontractors shall 24 be announced, and thereafter any change of subcontractor or agreed-upon 25 amount to be paid to each shall require the approval of the public 26 owner, upon a showing presented to the public owner of legitimate 27 construction need for such change, which shall be open to public 28 inspection. Legitimate construction need shall include, but not be 29 limited to, a change in project specifications, a change in construction 30 material costs, a change to subcontractor status as determined pursuant 31 to paragraph (e) of subdivision two of section two hundred twenty-two of 32 the labor law, or the subcontractor has become otherwise unwilling, 33 unable or unavailable to perform the subcontract. The sealed lists of 34 subcontractors submitted by all other bidders shall be returned to them 35 unopened after the contract award. 36 S 8. Subdivisions 2 and 2-a of section 1048-i of the public authori- 37 ties law, subdivision 2 as amended and subdivision 2-a as added by 38 section 8 of part MM of chapter 57 of the laws of 2008, are amended to 39 read as follows: 40 2. Any such agreements (i) shall describe in sufficient detail for 41 reasonable identification the particular water project to be financed in 42 whole or in part by the authority, (ii) shall describe the plan for the 43 financing of the cost of the construction of such water project, includ- 44 ing the amount, if any, to be provided by the water board and the source 45 or sources thereof, (iii) shall set forth the method by which and by 46 whom and the terms and conditions upon which moneys provided by the 47 authority shall be disbursed, (iv) may require, in the discretion of the 48 authority, the payment to the authority of the proceeds of any state and 49 federal grants available to the water board, (v) shall provide for the 50 establishment of user fees, rates, rents and other charges and the 51 charging and collection thereof by the water board for the use of, or 52 services furnished, rendered or made available by such system such as to 53 provide that such board receive revenues at least sufficient, together 54 with other revenues of the board, if any, to meet the requirements of 55 subdivision one of section one thousand forty-eight-j of this title, 56 provided that revenues received by such board shall be deposited in a S. 5217 9 1 special fund established pursuant to this title and disbursed to, and 2 upon certification of, the authority, (vi) may provide for the transfer 3 by the city to the water board pursuant to section one thousand forty- 4 eight-h of this title of ownership of the water system of which such 5 project will form a part, (vii) shall provide for the construction and 6 completion of such water project by the city and for the operation, 7 maintenance and repair thereof as an integrated part of the system of 8 which such water project forms a part, subject to such terms and condi- 9 tions, not inconsistent with this title, which may be in the public 10 interest and necessary or desirable properly and adequately to secure 11 the holders of bonds of the authority, provided, however, all contracts 12 for public work and all purchase contracts shall be awarded by the city 13 as provided by law for the award of such contracts by the city and that 14 all contracts for construction shall be let in accordance with the 15 provisions of state law pertaining to prevailing wages, labor standards 16 and working hours. Except as otherwise provided in section two hundred 17 twenty-two of the labor law, [when the entire cost of constructing a 18 building as part of any water project shall exceed five hundred thousand 19 dollars,] the city shall prepare separate specifications for the follow- 20 ing three subdivisions of the work to be performed UNLESS A BIDDER 21 SATISFIES THE REQUIREMENTS OF SUBDIVISION TWO-A OF THIS SECTION: (a) 22 plumbing and gas fitting; (b) steam heating, hot water heating, venti- 23 lating and air conditioning apparatus; and (c) electric wiring and stan- 24 dard illuminating fixtures, (viii) shall provide for the discontinuance 25 or disconnection of the supply of water for non-payment of fees, rates, 26 rents or other charges therefor imposed by the water board, provided 27 such discontinuance or disconnection of any supply of water shall not be 28 carried out except in the manner and upon the notice as is required of a 29 waterworks corporation pursuant to subdivisions three-a, three-b and 30 three-c of section eighty-nine-b and section one hundred sixteen of the 31 public service law, and (ix) in the discretion of the authority, require 32 reports concerning the project from the water board to the authority and 33 the city. 34 2-a. Each bidder on a public work contract, where [the preparation of] 35 separate specifications [is not required] ARE NOT PREPARED PURSUANT TO 36 SUBDIVISION TWO OF THIS SECTION OR ARE NOT REQUIRED TO BE PREPARED 37 PURSUANT TO SECTION TWO HUNDRED TWENTY-TWO OF THE LABOR LAW, shall 38 submit with its bid a separate sealed list that names each subcontractor 39 that the bidder will use to perform work on the contract, and the 40 agreed-upon amount to be paid to each, for: (a) plumbing and gas 41 fitting, (b) steam heating, hot water heating, ventilating and air 42 conditioning apparatus and (c) electric wiring and standard illuminating 43 fixtures; AND SUCH PUBLIC WORK CONTRACT SHALL REQUIRE EACH CONTRACTOR 44 AND SUBCONTRACTOR TO PARTICIPATE IN APPRENTICE TRAINING PROGRAMS IN THE 45 TRADES OF WORK IT EMPLOYS THAT HAVE BEEN APPROVED BY THE DEPARTMENT FOR 46 NOT LESS THAN THREE YEARS AND SHALL HAVE GRADUATED AT LEAST ONE APPREN- 47 TICE IN THE LAST THREE YEARS AND SHALL HAVE AT LEAST ONE APPRENTICE 48 CURRENTLY ENROLLED IN SUCH APPRENTICESHIP TRAINING PROGRAM. After the 49 low bid is announced, the sealed list of subcontractors submitted with 50 such low bid shall be opened and the names of such subcontractors shall 51 be announced, and thereafter any change of subcontractor or agreed-upon 52 amount to be paid to each shall require the approval of the public 53 owner, upon a showing presented to the public owner of legitimate 54 construction need for such change, which shall be open to public 55 inspection. Legitimate construction need shall include, but not be 56 limited to, a change in project specifications, a change in construction S. 5217 10 1 material costs, a change to subcontractor status as determined pursuant 2 to paragraph (e) of subdivision two of section two hundred twenty-two of 3 the labor law, or the subcontractor has become otherwise unwilling, 4 unable or unavailable to perform the subcontract. The sealed lists of 5 subcontractors submitted by all other bidders shall be returned to them 6 unopened after the contract award. 7 S 9. Paragraphs (b) and (c-1) of subdivision 10 of section 3303 of 8 the public authorities law, paragraph (b) as amended and paragraph (c-1) 9 as added by section 9 of part MM of chapter 57 of the laws of 2008, are 10 amended to read as follows: 11 (b) Except as otherwise provided in section two hundred twenty-two of 12 the labor law, [when the entire cost of constructing such building, 13 exclusive of any medical equipment, apparatus or devices, shall exceed 14 one million five hundred thousand dollars,] the project developer shall 15 prepare separate specifications for the following subdivisions of such 16 work, so as to permit separate and independent bidding upon each subdi- 17 vision: 18 (i) plumbing and gas fittings; 19 (ii) steam heating, hot water heating, ventilating and air condition- 20 ing apparatus; and 21 (iii) electric wiring and standard illuminating fixtures. 22 (c-1) Each bidder on a public work contract, where [the preparation 23 of] separate specifications [is not required] ARE NOT PREPARED PURSUANT 24 TO PARAGRAPH (B) OF THIS SUBDIVISION OR ARE NOT REQUIRED TO BE PREPARED 25 PURSUANT TO SECTION TWO HUNDRED TWENTY-TWO OF THE LABOR LAW, shall 26 submit with its bid a separate sealed list that names each subcontractor 27 that the bidder will use to perform work on the contract, and the 28 agreed-upon amount to be paid to each, for: (i) plumbing and gas 29 fitting, (ii) steam heating, hot water heating, ventilating and air 30 conditioning apparatus and (iii) electric wiring and standard illuminat- 31 ing fixtures; AND SUCH PUBLIC WORK CONTRACT SHALL REQUIRE EACH CONTRAC- 32 TOR AND SUBCONTRACTOR TO PARTICIPATE IN APPRENTICE TRAINING PROGRAMS IN 33 THE TRADES OF WORK IT EMPLOYS THAT HAVE BEEN APPROVED BY THE DEPARTMENT 34 FOR NOT LESS THAN THREE YEARS AND SHALL HAVE GRADUATED AT LEAST ONE 35 APPRENTICE IN THE LAST THREE YEARS AND SHALL HAVE AT LEAST ONE APPREN- 36 TICE CURRENTLY ENROLLED IN SUCH APPRENTICESHIP TRAINING PROGRAM. After 37 the low bid is announced, the sealed list of subcontractors submitted 38 with such low bid shall be opened and the names of such subcontractors 39 shall be announced, and thereafter any change of subcontractor or 40 agreed-upon amount to be paid to each shall require the approval of the 41 public owner, upon a showing presented to the public owner of legitimate 42 construction need for such change, which shall be open to public 43 inspection. Legitimate construction need shall include, but not be 44 limited to, a change in project specifications, a change in construction 45 material costs, a change to subcontractor status as determined pursuant 46 to paragraph (e) of subdivision two of section two hundred twenty-two of 47 the labor law, or the subcontractor has become otherwise unwilling, 48 unable or unavailable to perform the subcontract. The sealed lists of 49 subcontractors submitted by all other bidders shall be returned to them 50 unopened after the contract award. 51 S 10. Paragraphs (b) and (c-1) of subdivision 9 of section 3402 of the 52 public authorities law, paragraph (b) as amended and paragraph (c-1) as 53 added by section 10 of part MM of chapter 57 of the laws of 2008, are 54 amended to read as follows: 55 (b) Except as otherwise provided in section two hundred twenty-two of 56 the labor law, [when the entire cost of constructing such building, S. 5217 11 1 exclusive of any medical equipment, apparatus or devices, shall exceed 2 one million five hundred thousand dollars,] the project developer shall 3 prepare separate specifications for the following subdivisions of such 4 work, so as to permit separate and independent bidding upon each subdi- 5 vision: 6 (i) plumbing and gas fittings; 7 (ii) steam heating, hot water heating, ventilating and air condition- 8 ing apparatus; and 9 (iii) electric wiring and standard illuminating fixtures. 10 (c-1) Each bidder on a public work contract, where [the preparation 11 of] separate specifications [is not required] ARE NOT PREPARED PURSUANT 12 TO PARAGRAPH (B) OF THIS SUBDIVISION OR ARE NOT REQUIRED TO BE PREPARED 13 PURSUANT TO SECTION TWO HUNDRED TWENTY-TWO OF THE LABOR LAW, shall 14 submit with its bid a separate sealed list that names each subcontractor 15 that the bidder will use to perform work on the contract, and the 16 agreed-upon amount to be paid to each, for: (i) plumbing and gas 17 fitting, (ii) steam heating, hot water heating, ventilating and air 18 conditioning apparatus and (iii) electric wiring and standard illuminat- 19 ing fixtures; AND SUCH PUBLIC WORK CONTRACT SHALL REQUIRE EACH CONTRAC- 20 TOR AND SUBCONTRACTOR TO PARTICIPATE IN APPRENTICE TRAINING PROGRAMS IN 21 THE TRADES OF WORK IT EMPLOYS THAT HAVE BEEN APPROVED BY THE DEPARTMENT 22 FOR NOT LESS THAN THREE YEARS AND SHALL HAVE GRADUATED AT LEAST ONE 23 APPRENTICE IN THE LAST THREE YEARS AND SHALL HAVE AT LEAST ONE APPREN- 24 TICE CURRENTLY ENROLLED IN SUCH APPRENTICESHIP TRAINING PROGRAM. After 25 the low bid is announced, the sealed list of subcontractors submitted 26 with such low bid shall be opened and the names of such subcontractors 27 shall be announced, and thereafter any change of subcontractor or 28 agreed-upon amount to be paid to each shall require the approval of the 29 public owner, upon a showing presented to the public owner of legitimate 30 construction need for such change, which shall be open to public 31 inspection. Legitimate construction need shall include, but not be 32 limited to, a change in project specifications, a change in construction 33 material costs, a change to subcontractor status as determined pursuant 34 to paragraph (e) of subdivision two of section two hundred twenty-two of 35 the labor law, or the subcontractor has become otherwise unwilling, 36 unable or unavailable to perform the subcontract. The sealed lists of 37 subcontractors submitted by all other bidders shall be returned to them 38 unopened after the contract award. 39 S 11. Paragraphs (b) and (c-1) of subdivision 9 of section 3603 of the 40 public authorities law, paragraph (b) as amended and paragraph (c-1) as 41 added by section 11 of part MM of chapter 57 of the laws of 2008, are 42 amended to read as follows: 43 (b) Except as otherwise provided in section two hundred twenty-two of 44 the labor law, [when the entire cost of constructing such building, 45 exclusive of any medical equipment, apparatus or devices, shall exceed 46 five hundred thousand dollars,] the project developer shall prepare 47 separate specifications for the following subdivisions of such work, so 48 as to permit separate and independent bidding upon each subdivision: 49 (i) plumbing and gas fittings; 50 (ii) steam heating, hot water heating, ventilating and air condition- 51 ing apparatus; and 52 (iii) electric wiring and standard illuminating fixtures. 53 (c-1) Each bidder on a public work contract, where [the preparation 54 of] separate specifications [is not required] ARE NOT PREPARED PURSUANT 55 TO PARAGRAPH (B) OF THIS SUBDIVISION OR ARE NOT REQUIRED TO BE PREPARED 56 PURSUANT TO SECTION TWO HUNDRED TWENTY-TWO OF THE LABOR LAW, shall S. 5217 12 1 submit with its bid a separate sealed list that names each subcontractor 2 that the bidder will use to perform work on the contract, and the 3 agreed-upon amount to be paid to each, for: (i) plumbing and gas 4 fitting, (ii) steam heating, hot water heating, ventilating and air 5 conditioning apparatus and (iii) electric wiring and standard illuminat- 6 ing fixtures; AND SUCH PUBLIC WORK CONTRACT SHALL REQUIRE EACH CONTRAC- 7 TOR AND SUBCONTRACTOR TO PARTICIPATE IN APPRENTICE TRAINING PROGRAMS IN 8 THE TRADES OF WORK IT EMPLOYS THAT HAVE BEEN APPROVED BY THE DEPARTMENT 9 FOR NOT LESS THAN THREE YEARS AND SHALL HAVE GRADUATED AT LEAST ONE 10 APPRENTICE IN THE LAST THREE YEARS AND SHALL HAVE AT LEAST ONE APPREN- 11 TICE CURRENTLY ENROLLED IN SUCH APPRENTICESHIP TRAINING PROGRAM. After 12 the low bid is announced, the sealed list of subcontractors submitted 13 with such low bid shall be opened and the names of such subcontractors 14 shall be announced, and thereafter any change of subcontractor or 15 agreed-upon amount to be paid to each shall require the approval of the 16 public owner, upon a showing presented to the public owner of legitimate 17 construction need for such change, which shall be open to public 18 inspection. Legitimate construction need shall include, but not be 19 limited to, a change in project specifications, a change in construction 20 material costs, a change to subcontractor status as determined pursuant 21 to paragraph (e) of subdivision two of section two hundred twenty-two of 22 the labor law, or the subcontractor has become otherwise unwilling, 23 unable or unavailable to perform the subcontract. The sealed lists of 24 subcontractors submitted by all other bidders shall be returned to them 25 unopened after the contract award. 26 S 12. Paragraphs (b) and (c-1) of subdivision 11 of section 3628 of 27 the public authorities law, paragraph (b) as amended and paragraph (c-1) 28 as added by section 12 of part MM of chapter 57 of the laws of 2008, are 29 amended to read as follows: 30 (b) Except as otherwise provided in section two hundred twenty-two of 31 the labor law, [when the entire cost of constructing such building, 32 exclusive of any medical equipment, apparatus, or devices, exceeds five 33 hundred thousand dollars,] the project developer shall prepare separate 34 specifications for the following subdivisions of such work, so as to 35 permit separate and independent bidding upon each subdivision: 36 (i) plumbing and gas fittings; 37 (ii) steam heating, hot water heating, ventilating, and air condition- 38 ing apparatus; and 39 (iii) electric wiring and standard illuminating fixtures. 40 (c-1) Each bidder on a public work contract, where [the preparation 41 of] separate specifications [is not required] ARE NOT PREPARED PURSUANT 42 TO PARAGRAPH (B) OF THIS SUBDIVISION OR ARE NOT REQUIRED TO BE PREPARED 43 PURSUANT TO SECTION TWO HUNDRED TWENTY-TWO OF THE LABOR LAW, shall 44 submit with its bid a separate sealed list that names each subcontractor 45 that the bidder will use to perform work on the contract, and the 46 agreed-upon amount to be paid to each, for: (i) plumbing and gas 47 fitting, (ii) steam heating, hot water heating, ventilating and air 48 conditioning apparatus and (iii) electric wiring and standard illuminat- 49 ing fixtures; AND SUCH PUBLIC WORK CONTRACT SHALL REQUIRE EACH CONTRAC- 50 TOR AND SUBCONTRACTOR TO PARTICIPATE IN APPRENTICE TRAINING PROGRAMS IN 51 THE TRADES OF WORK IT EMPLOYS THAT HAVE BEEN APPROVED BY THE DEPARTMENT 52 FOR NOT LESS THAN THREE YEARS AND SHALL HAVE GRADUATED AT LEAST ONE 53 APPRENTICE IN THE LAST THREE YEARS AND SHALL HAVE AT LEAST ONE APPREN- 54 TICE CURRENTLY ENROLLED IN SUCH APPRENTICESHIP TRAINING PROGRAM. After 55 the low bid is announced, the sealed list of subcontractors submitted 56 with such low bid shall be opened and the names of such subcontractors S. 5217 13 1 shall be announced, and thereafter any change of subcontractor or 2 agreed-upon amount to be paid to each shall require the approval of the 3 public owner, upon a showing presented to the public owner of legitimate 4 construction need for such change, which shall be open to public 5 inspection. Legitimate construction need shall include, but not be 6 limited to, a change in project specifications, a change in construction 7 material costs, a change to subcontractor status as determined pursuant 8 to paragraph (e) of subdivision two of section two hundred twenty-two of 9 the labor law, or the subcontractor has become otherwise unwilling, 10 unable or unavailable to perform the subcontract. The sealed lists of 11 subcontractors submitted by all other bidders shall be returned to them 12 unopened after the contract award. 13 S 13. Subdivision (c) of section 4 of chapter 560 of the laws of 1980, 14 authorizing the city of New York to adopt a solid waste management law, 15 as amended by section 13 of part MM of chapter 57 of the laws of 2008, 16 is amended to read as follows: 17 (c) Except as otherwise provided in section 222 of the labor law, 18 every contract, lease or other agreement entered into, pursuant to this 19 section, by the city of New York for construction, reconstruction, reha- 20 bilitation or improvement of buildings for a solid waste recovery and 21 management facility shall contain a provision that[, when the entire 22 cost of such work shall exceed three million dollars,] separate specifi- 23 cations shall be prepared for the following three subdivisions of work: 24 (1) Plumbing and gas fitting; 25 (2) Steam heating, hot water heating, ventilating and air conditioning 26 apparatus; and 27 (3) Electric wiring and standard illuminating fixtures. 28 Such specifications shall be drawn to permit the letting of separate 29 and independent contracts by the developer for each of these three 30 subdivisions of work. The city of New York may, at its discretion, 31 direct that such specifications include minimum qualifications for 32 bidders with regard to licensing, bonding capacity, minority partic- 33 ipation, and past performance on prior contracts. Every developer under- 34 taking the construction, reconstruction, rehabilitation, or improvement 35 of the buildings of a solid waste recovery and management facility 36 pursuant to the provisions of its contract with the city of New York 37 shall let separate contracts to the lowest responsible bidder for the 38 three subdivisions of the above specified work, to any persons who are 39 responsible and reliable bidders engaged in these classes of work. Any 40 such contracts shall be contracts of the developer and not of the city 41 of New York. The city of New York shall have no obligations or liabil- 42 ities, whatsoever, thereunder. The developer shall have the responsibil- 43 ity for supervision and coordination of work under such separate 44 contracts. 45 Each bidder on a public work contract, where [the preparation of] 46 separate specifications [is not required] ARE NOT PREPARED PURSUANT TO 47 THE OPENING PARAGRAPH OF THIS SUBDIVISION OR ARE NOT REQUIRED TO BE 48 PREPARED PURSUANT TO SECTION 222 OF THE LABOR LAW, shall submit with its 49 bid a separate sealed list that names each subcontractor that the bidder 50 will use to perform work on the contract, and the agreed-upon amount to 51 be paid to each, for: (a) plumbing and gas fitting, (b) steam heating, 52 hot water heating, ventilating and air conditioning apparatus and (c) 53 electric wiring and standard illuminating fixtures; AND SUCH PUBLIC WORK 54 CONTRACT SHALL REQUIRE EACH CONTRACTOR AND SUBCONTRACTOR TO PARTICIPATE 55 IN APPRENTICE TRAINING PROGRAMS IN THE TRADES OF WORK IT EMPLOYS THAT 56 HAVE BEEN APPROVED BY THE DEPARTMENT FOR NOT LESS THAN THREE YEARS AND S. 5217 14 1 SHALL HAVE GRADUATED AT LEAST ONE APPRENTICE IN THE LAST THREE YEARS AND 2 SHALL HAVE AT LEAST ONE APPRENTICE CURRENTLY ENROLLED IN SUCH APPREN- 3 TICESHIP TRAINING PROGRAM. After the low bid is announced, the sealed 4 list of subcontractors submitted with such low bid shall be opened and 5 the names of such subcontractors shall be announced, and thereafter any 6 change of subcontractor or agreed-upon amount to be paid to each shall 7 require the approval of the public owner, upon a showing presented to 8 the public owner of legitimate construction need for such change, which 9 shall be open to public inspection. Legitimate construction need shall 10 include, but not be limited to, a change in project specifications, a 11 change in construction material costs, a change to subcontractor status 12 as determined pursuant to paragraph (e) of subdivision 2 of section 222 13 of the labor law, or the subcontractor has become otherwise unwilling, 14 unable or unavailable to perform the subcontract. The sealed lists of 15 subcontractors submitted by all other bidders shall be returned to them 16 unopened after the contract award. 17 The city of New York shall also have the right to reject any bidder 18 not meeting the reasonable and justifiable qualifications that it has 19 established for bidders. All qualified bidders engaged in the above 20 specified work shall be entitled to bid and to receive, upon request, a 21 copy of the plans and specifications. All such bids shall be delivered 22 to such city and be opened publicly at a stated time and place, by a 23 designated municipal employee. 24 Notwithstanding any law or agreement that requires a bond or bonds, 25 the city of New York shall in addition require, prior to the approval of 26 any contract, lease, or agreement providing for the construction, recon- 27 struction, rehabilitation, or improvement of any building for a solid 28 waste recovery and management facility, that the developer, if other 29 than the city of New York, furnish a bond guaranteeing prompt payment of 30 moneys that are due to all persons furnishing labor or materials in the 31 conduct of work provided for in such contract, lease, or other agree- 32 ment. A copy of such payment bond shall be kept by the city and shall be 33 open to public inspection. 34 The requirements to subcontract, contained herein, shall not apply to 35 the system to be used for receiving, processing, handling or storing 36 waste, or the products and by-products derived therefrom, or materials 37 used in such processing or handling of the system and any equipment or 38 property involving proprietary or trade secrets. 39 S 14. Section 9 of chapter 892 of the laws of 1971 amending the public 40 authorities law and other laws relating to enabling the dormitory 41 authority to construct and finance dormitories, building and health 42 facilities, as amended by section 14 of part MM of chapter 57 of the 43 laws of 2008, is amended to read as follows: 44 S 9. Except as otherwise provided in section 222 of the labor law, the 45 dormitory authority in awarding or entering into contracts for the 46 erection, construction, reconstruction or alteration of buildings, 47 pursuant to the provisions added by this act, [when the entire cost of 48 such work shall exceed three million dollars in the counties of the 49 Bronx, Kings, New York, Queens, and Richmond; one million five hundred 50 thousand dollars in the counties of Nassau, Suffolk and Westchester; and 51 five hundred thousand dollars in all other counties within the state,] 52 shall prepare separate specifications for the following three subdivi- 53 sions of the work to be performed: 54 (a) Plumbing and gas fitting; 55 (b) Steam heating, hot water heating, ventilating and air conditioning 56 apparatus; and S. 5217 15 1 (c) Electric wiring and standard illuminating fixtures. 2 Such specifications must be so drawn as to permit separate and inde- 3 pendent bidding on each day of the above three subdivisions of work. All 4 contracts awarded by the dormitory authority for the erection, 5 construction, reconstruction or alteration of buildings, or any part 6 thereof, pursuant to the provisions added by this act shall award the 7 three subdivisions of the above specified work separately to responsible 8 and reliable persons, firms or corporations engaged in these classes of 9 work. A contract for one or more buildings in any project shall be 10 awarded to the lowest responsible bidder for all the buildings included 11 in the specifications. 12 Each bidder on a public work contract, where [the preparation of] 13 separate specifications [is not required] ARE NOT PREPARED PURSUANT TO 14 THE OPENING PARAGRAPH OF THIS SECTION OR ARE NOT REQUIRED TO BE PREPARED 15 PURSUANT TO SECTION 222 OF THE LABOR LAW, shall submit with its bid a 16 separate sealed list that names each subcontractor that the bidder will 17 use to perform work on the contract, and the agreed-upon amount to be 18 paid to each, for: (a) plumbing and gas fitting; (b) steam heating, hot 19 water heating, ventilating and air conditioning apparatus; and (c) elec- 20 tric wiring and standard illuminating fixtures; AND SUCH PUBLIC WORK 21 CONTRACT SHALL REQUIRE EACH CONTRACTOR AND SUBCONTRACTOR TO PARTICIPATE 22 IN APPRENTICE TRAINING PROGRAMS IN THE TRADES OF WORK IT EMPLOYS THAT 23 HAVE BEEN APPROVED BY THE DEPARTMENT FOR NOT LESS THAN THREE YEARS AND 24 SHALL HAVE GRADUATED AT LEAST ONE APPRENTICE IN THE LAST THREE YEARS AND 25 SHALL HAVE AT LEAST ONE APPRENTICE CURRENTLY ENROLLED IN SUCH APPREN- 26 TICESHIP TRAINING PROGRAM. After the low bid is announced, the sealed 27 list of subcontractors submitted with such low bid shall be opened and 28 the names of such subcontractors shall be announced, and thereafter any 29 change of subcontractor or agreed-upon amount to be paid to each shall 30 require the approval of the public owner, upon a showing presented to 31 the public owner of legitimate construction need for such change, which 32 shall be open to public inspection. Legitimate construction need shall 33 include, but not be limited to, a change in project specifications, a 34 change in construction material costs, a change to subcontractor status 35 as determined pursuant to paragraph (e) of subdivision 2 of section 222 36 of the labor law, or the subcontractor has become otherwise unwilling, 37 unable or unavailable to perform the subcontract. The sealed lists of 38 subcontractors submitted by all other bidders shall be returned to them 39 unopened after the contract award. 40 Nothing in this section shall be construed to prevent the dormitory 41 authority from performing any such branches of work by or through its 42 regular employees. 43 S 15. Paragraph (e) of subdivision 2 of section 222 of the labor law, 44 as added by section 18 of part MM of chapter 57 of the laws of 2008, is 45 amended to read as follows: 46 (e) Any contract, subcontract, lease, grant, bond, covenant, or other 47 agreement for construction, reconstruction, demolition, excavation, 48 rehabilitation, repair, renovation, alteration, or improvement with 49 respect to each project undertaken pursuant to this section, the entity 50 shall consider the financial and organizational capacity of contractors 51 and subcontractors in relation to the magnitude of work they may 52 perform, the record of performance of contractors and subcontractors on 53 previous work, the record of contractors and subcontractors in complying 54 with existing labor standards and maintaining harmonious labor 55 relations, and the commitment of contractors to work with minority and 56 women-owned business enterprises pursuant to article fifteen-A of the S. 5217 16 1 executive law through joint ventures of subcontractor relationships. 2 With respect to any contract for construction, reconstruction, demoli- 3 tion, excavation, rehabilitation, repair, renovation, alteration, or 4 improvement [in excess of three million dollars in the counties of the 5 Bronx, Kings, New York, Queens, and Richmond; one million five hundred 6 thousand dollars in the counties of Nassau, Suffolk and Westchester; and 7 five hundred thousand dollars in all other counties within the state;] 8 WITH RESPECT TO EACH PROJECT UNDERTAKEN PURSUANT TO THIS SECTION, the 9 entity shall further require that each contractor and subcontractor 10 shall participate in apprentice training programs in the trades of work 11 it employs that have been approved by the department for not less than 12 three years and shall have graduated at least one apprentice in the last 13 three years and shall have at least one apprentice currently enrolled in 14 such apprenticeship training program. In addition, it must be demon- 15 strated that the program has made significant efforts to attract and 16 retain minority apprentices, as determined by affirmative action goals 17 established for such program by the department. 18 S 16. This act shall take effect immediately.