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A08831 Summary:

BILL NOA08831
 
SAME ASSAME AS S07764
 
SPONSORBichotte Hermelyn
 
COSPNSR
 
MLTSPNSR
 
Amd 1, 2, 3, 9 & 11, Chap of 2021 (as proposed in S.4323-C & A.6232-C)
 
Amends membership on the construction industry advisory council on public contracting reform; repeals provisions after two years.
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A08831 Actions:

BILL NOA08831
 
01/13/2022referred to governmental operations
01/25/2022reported
01/27/2022advanced to third reading cal.349
01/31/2022substituted by s7764
 S07764 AMEND= COMRIE
 01/11/2022REFERRED TO RULES
 01/18/2022ORDERED TO THIRD READING CAL.138
 01/26/2022PASSED SENATE
 01/26/2022DELIVERED TO ASSEMBLY
 01/26/2022referred to governmental operations
 01/31/2022substituted for a8831
 01/31/2022ordered to third reading cal.349
 01/31/2022passed assembly
 01/31/2022returned to senate
 02/24/2022DELIVERED TO GOVERNOR
 02/24/2022SIGNED CHAP.98
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A08831 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A8831
 
SPONSOR: Bichotte Hermelyn
  TITLE OF BILL: An act to amend a chapter of the laws of 2021 establishing a construction industry advisory council on public contracting reform, as proposed in legislative bills numbers S. 4323-C and A. 6232-C, in relation to the membership of such committee and providing for the repeal of such provisions upon the expiration thereof   PURPOSE OR GENERAL IDEA OF BILL: The purpose of this bill is to make changes to Chapter 782 of the Laws of 2021.   SUMMARY OF PROVISIONS: This chapter amendment would make changes to the membership of the coun- cil and to some of the tasks required for the council to conduct their work.   JUSTIFICATION: Contractors often face significant challenges when bidding and working on public works projects in New York state. Often, the inclusion of onerous or inequitable contract terms and conditions governing issues such as contractor payment, job delays and dispute resolution, can place an unfair burden on contractors in public works projects. Furthermore, the legislature finds that many prior, piecemeal attempts to address these inequities through individual approaches have proven unsuccessful, and therefore a more equitable and comprehensive approach is warranted. The legislature also finds that current inefficiencies in the public contracting process are responsible for driving up the cost of construction, making New York a less competitive place to engage in such work in relation to other states, which in turn harms the New York state economy and costs jobs. Therefore, it is the intent of the legislature to establish an independent advisory council charged with (a) studying the current public contracting process; and (b) adopting recommenda- tions, best practices and legislative proposals in order to reform and improve the current state public contracting process, by making it fair- er, predictable and equitable for all parties involved This bill will allow us to take a focused look at four of the prevalent issues in public contracting and create an actionable plan to solve them all at once. The "Construction Industry Advisory Council On Public Contracting Reform" will address itself to five key issues such as delay damages, substantial completion, MWBE-specific issues and retainage. It recognizes the principle that our collective interests are best served by a system that is fair, equitable, just and effective. The beauty of this bill is that it is more than a study--it calls for a legislative blueprint for reform-thus we can take concrete suggestions and turn them into a real reform package with buy-in from all. With a plethora of diverse and dynamic members, and a clear charge with four specific action items, we will make sure that everyone has a voice, the subcon- tractors, MWBE's, public authorities and agencies.   PRIOR LEGISLATIVE HISTORY: New bill   FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: None   EFFECTIVE DATE: This act shall take effect on the same date and in the same manner as a chapter of the laws of 2021 establishing a construction industry advi- sory council on public contracting reform, as proposed in legislative bills numbers S. 4323-C and A. 6232-C, takes effect.
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A08831 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          8831
 
                   IN ASSEMBLY
 
                                    January 13, 2022
                                       ___________
 
        Introduced  by  M.  of A. BICHOTTE HERMELYN -- read once and referred to
          the Committee on Governmental Operations
 
        AN  ACT  to  amend  a  chapter  of  the  laws  of  2021  establishing  a
          construction  industry  advisory council on public contracting reform,
          as proposed in legislative bills numbers S. 4323-C and A.  6232-C,  in
          relation  to  the  membership  of such committee and providing for the
          repeal of such provisions upon the expiration thereof
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section 1. Sections 1, 2, 3, 9 and 11 of a chapter of the laws of 2021
     2  establishing   a   construction  industry  advisory  council  on  public
     3  contracting reform, as proposed in legislative bills numbers S.   4323-C
     4  and A. 6232-C, are amended to read as follows:
     5    Section   1.   Legislative   intent.   [The   legislature  finds  that
     6  construction contractors often face significant challenges when  bidding
     7  and  working  on  public  works  projects  in New York state. Often, the
     8  inclusion of  onerous  or  inequitable  contract  terms  and  conditions
     9  governing  issues  such  as  contractor  payment, job delays and dispute
    10  resolution, can place an unfair burden on contractors  in  public  works
    11  projects.  Furthermore, the legislature finds that many prior, piecemeal
    12  attempts  to address these inequities through individual approaches have
    13  proven unsuccessful, and therefore a more  equitable  and  comprehensive
    14  approach  is  warranted. The legislature also finds that current ineffi-
    15  ciencies in the public contracting process are responsible  for  driving
    16  up the cost of construction, making New York a less competitive place to
    17  engage in such work in relation to other states, which in turn harms the
    18  New York state economy and costs jobs.
    19    Therefore, it] It is the intent of the legislature to establish [an] a
    20  temporary  independent  advisory  council  charged with (a) studying the
    21  current public contracting process; and  (b)  adopting  recommendations,
    22  best  practices and legislative proposals in order to reform and improve
    23  the current state public  contracting  process,  by  making  it  fairer,
    24  predictable and equitable for all parties involved.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08796-08-2

        A. 8831                             2
 
     1    §  2.  There is hereby created a temporary construction industry advi-
     2  sory council on public  contracting  reform  (the  "advisory  council"),
     3  which shall consider and advise on matters concerning the improvement of
     4  the current public works contracting process in New York state.
     5    §  3.  The  advisory  council shall consist of [the following] twenty-
     6  three members. The members shall include twelve members appointed by the
     7  governor as follows: [three] five members representing the various state
     8  agencies and authorities, [two members upon the  recommendation  of  the
     9  speaker  of the assembly, one member upon recommendation of the minority
    10  leader of the assembly, two  members  upon  the  recommendation  of  the
    11  temporary president of the senate, one member upon the recommendation of
    12  the minority leader of the senate, one member upon the recommendation of
    13  the  comptroller,  three members representing general contractors in the
    14  construction industry, three members representing subcontractors in  the
    15  construction  industry,  three members representing employee trade coun-
    16  cils in the construction industry and two members representing  minority
    17  and women business-owned enterprise contractors. Appointments] including
    18  the commissioner of labor or his or her designee, two members represent-
    19  ing  minority-  and women-owned business enterprises, one member repres-
    20  enting service-disabled veteran-owned business enterprises, two  members
    21  representing  subcontractors  in  the  construction industry, one member
    22  representing employee trade councils, and one member representing gener-
    23  al contractors in the  construction  industry;  four  members  upon  the
    24  recommendation  of the temporary president of the senate, to include one
    25  member representing minority- and women-owned business enterprises,  one
    26  member  representing  general  contractors in the construction industry,
    27  one member representing subcontractors in the construction industry, and
    28  one member representing employee trade councils; four members  upon  the
    29  recommendation  of  the  speaker  of the assembly, to include one member
    30  representing minority- and women-owned business enterprises, one  member
    31  representing  general  contractors  in  the  construction  industry, one
    32  member representing subcontractors in the construction industry, and one
    33  member representing employee trade councils; one member upon the  recom-
    34  mendation  of  the  minority  leader  of the senate; one member upon the
    35  recommendation of the minority leader of the assembly;  and  one  member
    36  upon  the  recommendation  of  the  comptroller.  To the extent possible
    37  appointments shall be made within 60 days of the effective date of  this
    38  act.  Vacancies  in  the  advisory  council  shall be filled in the same
    39  manner.
    40    § 9. No later than 365 days after the effective date of this act,  the
    41  advisory  council  shall, by a majority, issue a report of its findings,
    42  including any recommendations for legislative, executive  or  regulatory
    43  action as it may deem necessary and appropriate, and suggest best  prac-
    44  tices  for  a [more] fair and efficient public works contracting process
    45  by addressing the subject matters specified in section [8] eight of this
    46  act. The report shall also include a summary of the  positions  advanced
    47  by  the members of the advisory council regarding these subject matters.
    48  The advisory council shall terminate 60 days after the date on which  it
    49  submits its report as required by this section.
    50    §  11.  This act shall take effect immediately and shall expire and be
    51  deemed repealed two years after such effective date.
    52    § 2. This act shall take effect on the  same  date  and  in  the  same
    53  manner  as  a  chapter  of  the laws of 2021 establishing a construction
    54  industry advisory council on public contracting reform, as  proposed  in
    55  legislative bills numbers S. 4323-C and A. 6232-C, takes effect.
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