Section 1300.
§ 1300. Department; commissioner. There shall be a department of small
business services, the head of which shall be the commissioner of small
business services. The commissioner may appoint deputies within
available appropriations.
Section 1301.
§ 1301. Powers and duties of the commissioner. Except as otherwise
provided by law, the commissioner shall have charge and control of and
be responsible for all functions and operations of the city relating to
business and economic development, the enhancement of economic
development and financial opportunity for minority and women owned
business enterprises, and ensuring equal employment opportunity by city
contractors. Such powers and functions shall include, without
limitation, the following:
1. With respect to business and economic development generally the
commissioner shall have the power and duty:
a. to establish business, industrial and commercial policies, programs
and projects which affect the business, industrial, commercial or
economic well-being, development, growth and expansion of the economic
life of the city;
b. to serve as liaison for the city with local development
corporations, other not-for-profit corporations and all other entities
involved in economic development within the city. In furtherance of this
function, the department shall include in any contract with a local
development corporation or not-for-profit corporation of which a
majority of its members are appointed by the mayor under which such
contracted entity is engaged in providing or administering economic
development benefits on behalf of the city and expending city capital
appropriations in connection therewith, a requirement that such
contracted entity submit to the mayor, the council, the city
comptroller, the public advocate and the borough presidents by January
31 of each year, a report for the prior fiscal year in the form
prescribed hereunder with regard to projected and actual jobs created
and retained in connection with any project undertaken by such
contracted entity for the purpose of the creation or retention of jobs,
whether or not such project involves the expenditure of city capital
appropriations, if in connection with such project assistance to a
business entity was provided by such contracted entity in the form of a
loan, grant or tax benefit in excess of one hundred fifty thousand
dollars, or a sale or lease of city-owned land where the project is
estimated to retain or create not less than twenty-five jobs. The report
shall be for the period commencing on the date that the project
agreement and any other documents applicable to such project have been
executed through the final year that such entity receives assistance for
such project, except that, as to projects consisting of a lease or sale
of city-owned land, each annual report shall include only (1) a list of
each existing lease, regardless of when such lease commenced, and a list
of each sale of city-owned land that closed on or after January 1, 2005,
and (2) for such leases or sales, any terms or restrictions on the use
of the property, including the rent received for each leased property in
the prior fiscal year, and for sales, the price for which the property
was sold and any terms or restrictions on the resale of the property,
and need not include any other information with regard to such lease or
sale of a type required for reports for other projects hereunder.
Information on any such lease shall be included until the lease
terminates and information on sales of city-owned land shall be included
for fifteen years following closing. The report, other than for leases
or sales of city-owned land, shall contain, for the prior fiscal year,
the following information with respect thereto: (i) the project's name;
(ii) its location; (iii) the time span over which the project is to
receive any such assistance; (iv) the type of such assistance provided,
including the name of the program or programs through which assistance
is provided; (v) for projects that involve a maximum amount of
assistance, a statement of the maximum amount of assistance available to
those projects over the duration of the project agreement, and for those
projects that do not have a maximum amount, the current estimated amount
of assistance over the duration of the project agreement, the amount of
tax exempt bonds issued during the current reporting year and the range
of potential cost of those bonds; project assistance to be reported
shall include, but shall not be limited to, PILOT savings, which shall
be defined for the purposes of this paragraph as the difference between
the PILOT payments made and the property tax that would have been paid
in the absence of a PILOT agreement, the amount of mortgage recording
fees waived, related property tax abatements, sales tax abatements, the
dollar value of energy benefits and an estimated range of costs to the
city of foregone income tax revenues due to the issuance of tax exempt
bonds; (vi) the total number of employees at all sites covered by the
project at the time of the project agreement including the number of
permanent full-time jobs, the number of permanent part-time jobs, the
number of full-time equivalents, and the number of contract employee
where contract employees may be included for the purpose of determining
compliance with job creation or retention requirements; (vii) the number
of jobs that the entity receiving benefits is contractually obligated to
retain and create over the life of the project, except that such
information shall be reported on an annual basis for project agreements
containing annual job retention or creation requirements, and, for each
reporting year, the base employment level the entity receiving benefits
agrees to retain over the life of the project agreement, any job
creation scheduled to take place as a result of the project, and where
applicable, any job creation targets for the current reporting year;
(viii) the estimated amount, for that year and cumulatively to date, of
retained or additional tax revenue derived from the project, excluding
real property tax revenue other than revenue generated by property tax
improvements; (ix) the amount of assistance received during the year
covered by the report, the amount of assistance received since the
beginning of the project period, and the present value of the future
assistance estimated to be given for the duration of the project period;
(x) for the current reporting year, the total actual number of employees
at all sites covered by the project, including the number of permanent
full-time jobs, the number of permanent part-time jobs, the number of
contract jobs, and, for entities receiving benefits that employ two
hundred fifty or more persons, the percentage of total employees within
the "exempt" and "non-exempt" categories, respectively, as those terms
are defined under the United States fair labor standards act, and for
employees within the "non-exempt" category, the percentage of employees
earning up to twenty-five thousand dollars per year, the percentage of
employees earning more than twenty-five thousand per year up to
forty-thousand dollars per year and the percentage of employees earning
more than forty thousand dollars per year up to fifty thousand dollars
per year; (xi) whether the employer offers health benefits to all
full-time employees and to all part-time employees; (xii) for the
current reporting year, for employees at each site covered by the
project in the categories of industrial jobs, restaurant jobs, retail
jobs, and other jobs, including all permanent and temporary full-time
employees, permanent and temporary part-time employees, and contract
employees, the number and percentage of employees earning less than a
living wage, as that term is defined in section 134 of title 6 of the
administrative code of the city of New York. Reports with regard to
projects for which assistance was received prior to July 1, 2012 need
only contain such information required by this paragraph as is available
to the city, can be reasonably derived from available sources, and can
be reasonably obtained from the business entity to which assistance was
provided; (xiii) for the current reporting year, with respect to the
entity or entities receiving assistance and their affiliates, the number
and percentage of employees at all sites covered by the project
agreement who reside in the city of New York. For the purposes of this
subparagraph, "affiliate" shall mean (i) a business entity in which more
than fifty percent is owned by, or is subject to a power or right of
control of, or is managed by, an entity which is a party to an active
project agreement, or (ii) a business entity that owns more than fifty
percent of an entity that is party to an active project agreement or
that exercises a power or right of control of such entity; (xiv) a
projection of the retained or additional tax revenue to be derived from
the project for the remainder of the project period; (xv) a list of all
commercial expansion program benefits, industrial and commercial
incentive program benefits received through the project agreement and
relocation and employment assistance program benefits received and the
estimated total value of each for the current reporting year; (xvi) a
statement of compliance indicating whether, during the current reporting
year, the contracted entity has reduced, cancelled or recaptured
benefits for any company, and, if so, the total amount of the reduction,
cancellation or recapture, and any penalty assessed and the reasons
therefore; (xvii) for business entities for which project assistance was
provided by such contracted entity in the form of a loan, grant or tax
benefit of one hundred fifty thousand dollars or less, the data should
be included in such report in the aggregate using the format required
for all other loans, grants or tax benefits; and (xviii) an indication
of the sources of all data relating to numbers of jobs. For projects in
existence prior to the effective date of this local law, information
that business entities were not required to report to such contracted
entity at the time that the project agreement and any other documents
applicable to such project were executed need not be contained in the
report.
The report shall be submitted by the statutory due date and shall bear
the actual date that the report was submitted. Such report shall include
a statement explaining any delay in its submission past the statutory
due date. Upon its submission, the report shall simultaneously be made
available in electronic form on the website of the contracted entity or,
if no such website is maintained, on the website of the city of New
York, provided that reports submitted in 2012 or after shall
simultaneously be made available in a commonly available non-proprietary
database format on the website of the contracted entity or, if no such
website is maintained, on the website of the city of New York, except
that any terms and restrictions on the use or resale of city-owned land
need not be included in such non-proprietary database format, and
provided further that with respect to the report submitted in 2012 in
the commonly available non-proprietary database format, the contracted
entity shall include, in such format, the data included in the reports
for the period from July 1, 2005 to June 30, 2010. Reports with regard
to projects for which assistance was rendered prior to July 1, 2005,
need only contain such information required by this subdivision as is
available to the contracted entity, can be reasonably derived from
available sources, and can be reasonably obtained from the business
entity to which assistance was provided.
b-1. By March 1, 2007, and by March 1 every two years thereafter, the
entity under contract with the department to provide or administer
economic development benefits on behalf of the city, in consultation
with the speaker of the city council and other persons selected jointly
by the mayor and the speaker of the city council, who have extensive
experience and knowledge in the fields of finance, economics, and public
policy analysis, shall evaluate the methodology employed for making the
determinations required for this report and generate recommendations,
where appropriate, on the methodology by which projects receiving
economic development subsidies are evaluated. The department shall
present to the mayor and the speaker no later than October 1 of every
year in which such evaluation is required, a report containing such
recommendations as are presented as a result of this review.
c. to study, organize, promote, coordinate and carry out within or
without the city, activities, projects and programs designed to
encourage, stimulate and foster the well-being, development, growth and
expansion of business, industry and commerce in the city, and the
enhancement and protection of the economic life of the city;
d. to assist, encourage and promote broadened employee ownership,
particularly through the use of employee stock ownership plans and
producer cooperatives, by conducting research, outreach and public
informational programs pertaining to employee ownership and employee
stock ownership plans; by providing technical assistance to employee
groups exploring an employee buyout, where such an action might be
instrumental in retaining a business within the city of New York; and by
ensuring that firms applying for financial assistance from any entity
involved with economic development in the city of New York shall be
correctly advised as to the potential advantages of forming an employee
stock ownership plan;
e. to serve as a clearinghouse in connection with efforts to devise
solutions for problems affecting business, industry and commerce in the
city;
f. to promote and encourage the expansion and development of markets
for city products;
g. to promote and encourage the location and development of new
business and industry in the city, as well as the maintenance and
expansion of existing business and industry, and for this purpose to
cooperate with public and private agencies, organizations and
individuals;
h. to promote, coordinate and implement activities, projects and
programs designed to attract foreign direct investment and promote
overseas sales by firms in the city and to otherwise encourage,
stimulate and foster the well-being, development, growth, and expansion
of international business, commerce, and trade in the city;
i. to administer and promote the development of foreign trade zones
within the city;
j. to study conditions affecting business, industry and commerce in
the city, and to collect and disseminate such information, make such
studies and carry on such educational activities as may be necessary or
useful in relation to the promotion and development of business,
industry and commerce in the city;
k. to maintain a business information service in order to assist
business and industry in the city, and to encourage business and
industry outside of the city to patronize the business and industrial
establishments of the city;
l. to make, from time to time, recommendations to the mayor concerning
steps deemed advisable for the promotion and advancement of business and
industrial prosperity in the city and the elimination of restrictions,
burdens and handicapping factors having an adverse effect on business,
industry and commerce in the city;
m. to publicize the economic advantages and other factors which make
the city a desirable location for business and industry;
n. to collect information and compile and distribute literature and
publicity material dealing with the facilities, advantages and
attractions of the city and the historic and scenic points and places of
interest therein;
o. to plan and conduct publicity and information programs designed to
attract tourists, vacationers, visitors and other interested persons to
the city, and to encourage, coordinate and cooperate with the efforts of
public and private agencies, organizations and groups to publicize the
advantages and attractions of the city for such purposes;
p. to encourage and cooperate with the efforts of public and private
agencies, organizations and groups in publicizing the business,
industrial and commercial advantages of the city;
q. to cooperate with and assist any corporation, organization, agency
or instrumentality, whether public or private, the objects of which
include, or which is authorized to act for, the advancement of the
business and industrial prosperity and economic welfare of the city, or
the furnishing of assistance in the location of new business and
industry therein, or the rehabilitation or expansion of existing
business and industry therein, or the creation of job opportunities or
additional employment therein, so as to provide support for any action,
efforts or activities for the accomplishment of any such purposes in the
city on the part of any such corporation, organization, agency or
instrumentality; and
r. to issue permits for the taking of motion pictures, and for the
taking of photographs and for the use or operation of television cameras
and/or any other transmitting television equipment in or about city
property, or in or about any street, park, marginal street, pier, wharf,
dock, bridge or tunnel within the jurisdiction of any city department or
agency or involving the use of any city owned or maintained facilities
or equipment.
2. The commissioner shall have the power and duty to exercise the
functions of the city relating to the development, redevelopment,
construction, reconstruction, operation, maintenance, management,
administration and regulation of public markets, wharf property, water
front property and airports within the city of New York including,
without limitation, the following:
a. to have exclusive charge and control of the public markets of the
city, to fix fees for services, licenses and privileges in connection
therewith, to rent space therein and to enter into leases therefor, and
to regulate all facilities in use as public markets for the public
health, safety and welfare;
b. to have exclusive charge and control of the wharf property and
water front owned by the city and of the building, rebuilding,
repairing, altering, maintaining, strengthening, protecting, cleaning,
dredging, and deepening of such wharf property and water front property;
provided, that the commissioner may, subject to the approval of the
mayor, designate parcels of wharf property and water front property to
be managed pursuant to this paragraph and leased or permitted pursuant
to paragraphs g and h of this subdivision by the commissioner of
citywide administrative services. Any such designation shall be made in
writing and may be withdrawn by the commissioner subject to the approval
of the mayor;
c. to have the exclusive power to enforce with respect to public
markets, water front property and any structures on water front property
under its jurisdiction, the labor law and such other laws, rules and
regulations as may govern the dredging, filling, removal, construction,
alteration, maintenance, use, occupancy, safety, sanitary conditions,
mechanical equipment and inspection of structures in the city, and the
issuance of permits and certificates of completion in reference thereto,
and to establish and amend fees to be charged for the issuance of such
permits or certificates of completion, which fees shall be established
by the rules of the commissioner;
d. to have exclusive power to regulate water front property and the
following structures on any water front property: wharves, piers, docks,
bulkheads, structures wholly or partly therein, and such other
structures used in conjunction with and in furtherance of water front
commerce and/or navigation;
e. to have exclusive power to regulate the use of marginal streets so
that they may be used to the best advantage in connection with wharf
property and to regulate by license or otherwise the transfer of goods
and merchandise upon, over or under all such marginal streets;
f. to lease, subject to the approval of the council, any wharf
property belonging to the city primarily for purposes of water front
commerce or in furtherance of navigation. Such leases may be sold at
public auction duly advertised in the City Record for at least ten days
prior thereto, and if not so sold the terms of any lease must be
approved by the council by a three-fourths vote after a public hearing,
notice of which shall be published in the City Record for the six days
of publication of the City Record immediately prior thereto. All such
leases shall be for such terms and shall contain such conditions as may
be provided by law. The council shall act within forty-five days of the
filing of the proposed terms and conditions of any such lease with the
council. Failure of the council to act on a lease within such
forty-five day period shall be deemed an approval of such lease. All
votes of the council pursuant to this subdivision shall be filed by the
council with the mayor and shall be final unless disapproved by the
mayor within five days of such filing except that there shall be no
right of mayoral disapproval if a three-fourths vote of the council is
required pursuant to this subdivision. Any such mayoral disapproval
shall be filed by the mayor with the council and shall be subject to
override by a two-thirds vote of the council within ten days of such
filing;
g. to lease, pursuant to review and approval pursuant to sections one
hundred ninety-seven-c and one hundred ninety-seven-d, any wharf
property belonging to the city for purposes other than water front
commerce or in furtherance of navigation, including, without limitation,
commercial, industrial, residential or recreational purposes. All such
leases shall be for such terms and shall contain such conditions as may
be provided by law. No such lease may be authorized by the commissioner
until a public hearing has been held with respect thereto after the
publication of notice in the City Record at least thirty days in advance
of such hearing;
h. to grant temporary permits terminable at will for a period not
exceeding three years for the purposes of water front commerce or in
furtherance of navigation and not exceeding one year for other purposes
to use and occupy any wharf property belonging to the city;
i. to set aside by order any wharf property belonging to the city,
which has not been leased, for general wharfage purposes or for the use
of any special kind of commerce, or of any class of vessel, or of any
agency, and to revoke or modify such order as to any such wharf property
at any time;
j. to regulate the charges for wharfage, cranage and dockage of all
vessels or floating structures using any wharf property set aside under
paragraph i of this subdivision, provided that the rates which it shall
be lawful to charge for wharfage, cranage and dockage from any vessel or
floating structure which makes use of any other wharf property within
the port of New York shall be fixed by rules of the commissioner;
k. to sell buildings, structures and other improvements on market
property and wharf property to a person leasing such property pursuant
to paragraphs a, f and g of this subdivision; provided, however, that
any such sale of improvements shall be subject to the procedure for
review and approval applicable to the lease related to the improvements;
l. to manage and promote the economic development of all airports,
airplane landing sites, seaplane bases and heliports owned by the city,
and to lease such property, subject to review and approval pursuant to
sections one hundred ninety-seven-c and one hundred ninety-seven-d. No
such lease may be authorized by the commissioner until a public hearing
has been held with respect thereto after the publication of notice in
the City Record at least thirty days in advance of such hearing;
m. except as provided in section 487, to have charge and control of
the regulation for the health and safety of the general public of all
airports, airplane landing sites, seaplane bases, heliports, marginal
streets and parking facilities appurtenant thereto owned by the city;
n. except as provided in section 487, to establish, amend and enforce
rules for the proper care and use of all public markets, wharf property,
water front property and all airports, airplane landing sites, seaplane
bases and heliports owned by the city and placed in his or her charge or
over which he or she shall have power of regulation, and to issue such
orders as may be necessary for such enforcement. The violation of or the
failure to comply with any such order or rule shall be triable in
criminal court and punishable, upon conviction, by not more than thirty
days imprisonment or by a fine of not less than one hundred dollars nor
more than five thousand dollars, or both;
o. except as provided in section 487, to have the exclusive power to
regulate all privately owned airports, airplane landing sites, seaplane
bases and heliports and the operation out of and into such bases as well
as the control of ground effect craft and aircraft operations to or from
other sites within the city not so designated as airports, heliports,
airplane landing sites or seaplane bases;
p. to promote and encourage the expansion and development of the city
as a center for intrastate, interstate and international overland
freight transportation; and
q. to administer and enforce the provisions of the zoning resolution
of the city of New York in respect to the following structures on any
water front property: wharves, piers, docks, bulkheads, structures
wholly or partly thereon, and such other structures used in conjunction
with and in furtherance of water front commerce and/or navigation in the
same manner and in accordance with the same procedure as is prescribed
therein.
3. With respect to energy matters, the commissioner shall have the
power and duty;
a. to plan, formulate, coordinate and advance energy policy for the
city;
b. to analyze the energy and fuel needs of the city with respect to
all kinds of energy, to prepare intermediate and long-range plans, goals
and programs designed to meet such needs, and to establish priorities
among them;
c. to develop, implement and manage energy-related programs for
economic development and other purposes, including, without limitation,
the administration of the public utility service established by section
22-301 of the administrative code, and to exercise all of the functions,
powers and duties of such public utility service; and
d. to perform such other responsibilities with respect to energy
matters, including responsibilities delegated elsewhere by the charter,
as the mayor shall direct.
4. For purposes of subdivision three of this section, "energy" shall
include work or heat that is, or may be, produced from any fuel or
source, including but not limited to electrical, fossil, geothermal,
wind, hydro, solid waste, tidal, solar and nuclear.
5. The commissioner shall have the power and duty to:
a. advise and assist the mayor in developing policies designed to meet
the job training and employment needs of the economically disadvantaged
and unemployed residents of the city of New York, as well as the labor
needs of private industry;
b. provide job training and employment services for economically
disadvantaged and unemployed residents of the city of New York;
c. disburse available city, state and federal funds for job training
and employment programs throughout the city, and, when practical, to
coordinate such funds with available funding from the private sector;
d. maintain, operate and control such programs as may be necessary or
required to achieve the objectives of the department;
e. promote cooperation among business, labor and community
organizations in response to labor market conditions; and
f. promote public awareness of resources available for the
economically disadvantaged and unemployed, and to refer the public to
appropriate job training and employment services.
Section 1302.
§ 1302. Water front plans. a. No marginal street, bulkhead line,
pierhead line or other similar line demarcating the extent of waterfront
development may be delineated, established or changed by the
commissioner except in accordance with sections one hundred ninety-eight
and one hundred ninety-nine of this charter. Any existing waterfront
plan containing such lines shall be continued in effect and may
similarly be changed only in accordance with sections one hundred
ninety-eight and one hundred ninety-nine. The commissioner may apply to
the city planning commission to incorporate such existing plans for the
water front or any portion thereof into the city map pursuant to the
procedure for review and approval of a change to the city map. Any plans
for the water front or portions thereof so incorporated shall thereafter
be discontinued as separate plans.
b. No wharf, pier, bulkhead, basin, dock, slip, marginal street or
other structure shall be laid out, built, or rebuilt in the port of New
York in the area subject to the jurisdiction of the commissioner except
in accordance with such plans as changed from time to time, provided,
that the commissioner, with the approval of the council, may from time
to time change the width or location of any of the piers laid down on
such plans and build or rebuild temporary wharf structures or license or
permit the building or rebuilding thereof as may be provided by law.
c. The commissioner may widen, open, construct, abandon or close any
marginal street or avenue included in such plans and shall maintain the
widened portion of such street or avenue, or the new street or avenue as
a marginal street, and such new street, or such a widened street to the
extent of the portion so widened, shall not be a public street. Before
acting under this subdivision, the commissioner shall make a report to
the city planning commission including a map showing any proposed change
and such other information as the chair of the city planning commission
shall require. If the city planning commission makes a finding that the
proposed change is in accordance with the water front plan or approves
the change, the commissioner may proceed with it, but if the city
planning commission makes a finding that it is not in accordance with
such plan and disapproves the change, then the commissioner shall not
proceed unless the council by a two-thirds vote authorizes the
commissioner to proceed. The city planning commission shall act on such
change within six weeks from the time when it is filed in the office of
the commission and if it does not act within such six weeks period the
commissioner may proceed with the change.
Section 1303.
§ 1303. Waterfront management advisory board. a. There shall be a
waterfront management advisory board, which shall consist of the deputy
mayor for economic development, as chairperson; the commissioner of
small business services, as vice chairperson; the chairperson of the
city planning commission; the commissioner of environmental protection;
one city council member to be designated by the city council; and twelve
members to be appointed by the mayor with the advice and consent of the
city council, provided that there is at least one appointed member from
each borough. Appointed members shall include representatives of labor,
the maritime industries, the transportation industries, the real estate
industry, the hospitality industries, as well as environmental advocates
and community advocates.
b. Appointed members of the board shall not hold any other public
office or employment and shall be appointed for terms of three years
without compensation, except that of the members first appointed, four
shall be appointed for terms of one year, four shall be appointed for
terms of two years and four shall be appointed for terms of three years.
No appointed member may be removed other than for cause to be determined
after a hearing before the office of administrative trials and hearings.
c. In the event of a vacancy on the board during the term of office of
an appointed member, the mayor shall appoint a successor with the advice
and consent of the city council to serve the balance of the unexpired
term.
d. The ex officio and council members of the board may designate a
representative who shall be counted as a member for the purpose of
determining the existence of a quorum and who may vote on behalf of such
member. The designation of a representative shall be made by a written
notice of the ex officio or council member served upon the chairperson
of the board prior to the designee participating in any meeting of the
board, but such designation may be rescinded or revised by the member at
any time. The commissioner of small business services may designate as
his or her representative the president of the economic development
corporation or the designee of the president.
e. The board shall (1) hold at least one meeting every six months; (2)
consult with and advise the deputy mayor for economic development, the
commissioner of small business services and the city planning commission
on any matter relating to the industrial, commercial, residential,
recreational or other use or development of wharves, waterfront property
and waterfront infrastructure in the city, and on other matters as may
be requested by the chairperson of the board; (3) create any committees
or subcommittees consisting of at least one board member or their
designated representative as the board deems appropriate to carry out
the board's responsibilities, provided that there shall be a committee
on recreational uses of the waterfront; and (4) issue a report by March
first, two thousand ten, and every two years thereafter, to the mayor,
the city council, and borough presidents regarding the development of
wharves, and waterfront property and infrastructure in the city during
the immediately preceding two calendar years, provided that the report
due March first, two thousand ten shall relate to calendar year two
thousand nine only.
Section 1304.
§ 1304. Division of Economic and Financial Opportunity. There shall be
a division of economic and financial opportunity within the department.
a. The purpose of the division shall be to enhance the ability of
minority and women owned business enterprises and emerging business
enterprises to compete for city contracts, to enhance city agencies'
awareness of such business enterprises, and to ensure their meaningful
participation in city procurement.
b. The commissioner shall administer, coordinate, and enforce a
citywide program established by local law for the identification,
recruitment, certification and participation in city procurement of
minority and women owned business enterprises and emerging business
enterprises.
c. The commissioner shall be authorized to promulgate rules necessary
to implement the purposes of such local law. The commissioner shall
consult with the procurement policy board in drafting and adopting such
rules. Such rules shall define sanctions, consistent with local law,
which are appropriate to remedy violations or penalize contractors for
failure to comply with the provisions of local law or with any program
or rule established pursuant to local law.
d. The commissioner shall monitor the implementation of all financial,
technical, managerial, and bonding assistance programs operated by city
agencies to enhance participation by minority and women owned business
enterprises and emerging business enterprises in city procurement.
e. The commissioner shall have the following powers and duties to
implement the purposes of this section:
1. to direct and assist agencies in their efforts to increase
participation by minority and women owned business enterprises and
emerging business enterprises as contractors and subcontractors in city
procurement;
2. to develop standardized forms and reporting documents;
3. to conduct, coordinate and facilitate technical assistance and
educational programs;
4. to periodically review the compliance of city agencies with the
provisions of local law for the identification, recruitment,
certification and participation in city procurement of minority and
women owned business enterprises and emerging business enterprises;
5. to annually report to the mayor and the council, as required by
such local law, on the activities of the division and efforts by
agencies to comply with the provisions of such local law;
6. a. to establish and operate, on behalf of the city, a centralized
program for the certification of minority owned business enterprises,
women owned business enterprises and emerging business enterprises for
the purposes of establishing the eligibility of such businesses for
participation in the programs and processes established pursuant to
local law to ensure their meaningful participation in city procurement.
b. For the purposes of such certification, "minority owned business
enterprise" and "women owned business enterprise" shall mean business
enterprises authorized to do business in this state, including sole
proprietorships, partnerships and corporations, in which (i) at least
fifty-one percent of the ownership interest is held by United States
citizens or permanent resident aliens who are either minority group
members or women, (ii) the ownership interest of such individuals is
real, substantial and continuing, and (iii) such individuals have and
exercise the authority to control independently the day to day business
decisions of the enterprise;
c. For the purposes of such certification, "emerging business
enterprise" shall mean a business enterprise authorized to do business
in this state, including sole proprietorships, partnerships and
corporations, in which (i) at least fifty-one percent of the ownership
interest is held by United States citizens or permanent resident aliens;
(ii) the ownership interest of such individuals is real, substantial and
continuing, (iii) such individuals have and exercise the authority to
control independently the day to day business decisions of the
enterprise; and (iv) such individuals have demonstrated, in accordance
with regulations promulgated by the commissioner, that they are socially
and economically disadvantaged. An individual who is "socially and
economically disadvantaged" shall mean an individual who has experienced
social disadvantage in American society as a result of causes not common
to individuals who are not socially disadvantaged, and whose ability to
compete in the free enterprise system has been impaired due to
diminished capital and credit opportunities as compared to others in the
same business area who are not socially disadvantaged. An individual's
race, national origin, or gender by itself, shall not qualify the
individual as "socially disadvantaged." In drafting such regulations,
the commissioner shall consider criteria developed for federal programs
established to promote opportunities for businesses owned by individuals
who are socially and economically disadvantaged, including criteria for
determining initial and continued eligibility in relation to the net
worth of individuals claiming to be economically disadvantaged, provided
that the net worth of an individual claiming disadvantage pursuant to
this section must be less than one million dollars. In determining such
net worth, the department shall exclude the ownership interest in the
business enterprise and the equity in the primary personal residence.
d. To be eligible for certification, a business enterprise shall have
a real and substantial business presence in the market for the city of
New York, as defined by the commissioner pursuant to local law.
e. The commissioner of small business services may provide by rule
criteria and procedures for firms certified as minority owned businesses
and women owned businesses by other governmental entities to be
recognized as certified business enterprises by the city of New York.
7. to conduct site visits at business enterprises seeking
certification, the basis for which shall be provided by rule, to verify
that such business enterprises are eligible for certification;
8. to audit such certified business enterprises and periodically
review and in appropriate cases recertify their eligibility for
participation in programs established pursuant to local law;
9. to direct and assist city agencies in their efforts to increase
participation by minority owned business enterprises, women owned
business enterprises and emerging business enterprises in any
city-operated financial, technical, and management assistance program;
10. to assist all business enterprises certified pursuant to this
section in becoming prequalified for all categories of procurement for
which they may be eligible and for which contracting agencies utilize
prequalification in the procurement process;
11. to prepare, periodically update, and post on the website of the
division a directory of such city certified business enterprises for use
by city agencies and contractors, which shall include information for
each such business enterprise, as applicable, including but not limited
to: (i) identification of the market sector in which the business
enterprise operates; (ii) the bonding capacity of the business
enterprise; (iii) the contract price and specific tasks performed by the
business enterprise for its last three contracts; (iv) the union
affiliation, if any, of the certified business enterprise; and (v) the
renewal date for certification;
12. to develop a clearinghouse of information on programs and services
available to such business enterprises; and
13. to provide such assistance to business enterprises interested in
being certified as is needed to ensure that such businesses benefit from
city technical, managerial, and financial assistance, and other business
development programs.
f. Responsibilities of the city agencies. The head of each city agency
shall:
1. establish and implement reasonable measures and procedures to
secure the meaningful participation of city certified business
enterprises in the agency's (1) procurement of goods, services and
construction and (2) financial, technical and managerial assistance
programs for such business enterprises;
2. monitor all city contracts under the agency's jurisdiction for
compliance with programs and policies established pursuant to local law,
and refer and recommend appropriate matters to the division of economic
and financial opportunity and the law department;
3. designate a deputy commissioner or other executive officer to
advise the commissioner concerning the activities of the agency in
carrying out its responsibilities pursuant to local law;
4. cooperate with and furnish to the division such information and
assistance as may be required in the performance of the division's
functions under this section and local law and the rules promulgated
thereunder;
5. make available to prospective bidders a current copy of the
directory of city certified businesses; and
6. periodically report to the division on activities undertaken to
promote and increase participation by city-certified businesses in its
procurement and any financial, technical, or management assistance
program which it administers.
g. Small and locally-based business enterprises. In addition to the
purposes provided in this section, the division of economic and
financial opportunity, or such other bureau or division of the
department as the commissioner may designate, shall administer any
programs for small or locally-based business enterprise programs as may
be established by law. The division of economic and financial
opportunity or such other bureau or division shall, pursuant to
applicable local laws, certify such enterprises as are eligible to
participate in such programs, periodically review and recertify their
eligibility, audit business enterprises that participate in such
programs, and publish a directory of participating enterprises.
Section 1305.
§ 1305. Division of Labor Services. There shall be a division of labor
services within the department.
a. The commissioner shall administer the provisions of this section
and enforce a citywide program to ensure that city contractors and
subcontractors take appropriate action to ensure that women and minority
group members are afforded equal employment opportunity, and that all
persons are protected from discrimination prohibited under the
provisions of federal, state and local laws and executive orders with
regard to recruitment, employment, job assignment, promotion, upgrading,
demotion, transfer, layoff, termination, rates of pay and other forms of
compensation. The commissioner may request and shall receive from any
contracting agency of the city such assistance as may be necessary to
carry out the provisions of this section. "Minority group member" shall
mean a United States citizen or permanent resident alien who is a member
of a racial or language minority group in New York city protected by the
voting rights act of 1965, as amended, or such other groups as may be
covered by rule of the agency.
b. The commissioner shall promulgate such rules as are necessary to
implement the purposes of this section. The commissioner shall consult
with the procurement policy board in drafting and adopting such rules.
c. The commissioner shall have the following powers and duties:
1. to implement, monitor compliance with, and enforce this section and
programs established pursuant to local, state and federal law and
executive order requiring contractors to provide equal employment
opportunity;
2. to implement, monitor compliance with, and enforce on-the-job
training requirements on construction projects;
3. to monitor compliance by contractors with state and federal
prevailing wage requirements;
4. to advise and assist contractors, subcontractors and labor unions
with respect to their obligations to provide equal employment
opportunity;
5. to establish appropriate advisory committees;
6. to serve as a city liaison to federal, state and local agencies
responsible for contractors' and subcontractors' compliance with equal
employment opportunity; and
7. such other powers and duties as maybe conferred on the division by
law or executive order for the purpose of ensuring that persons or
businesses which benefit from doing business with the city provide equal
employment opportunity.
d. The commissioner shall develop appropriate language for inclusion
in city contracts regarding the subject matter of this section. Such
contract language shall be reviewed by the corporation counsel. Such
contract language shall require that a contractor:
1. shall not discriminate against any individual in violation of any
federal, state or local law;
2. shall inform any employee representatives authorized to bargain
collectively for its employees of the contractor's obligations pursuant
to this section, and negotiate with such representatives to obtain their
cooperation in the implementation of such obligations;
3. shall require that any subcontractor it employs in the performance
of the contract comply with the requirements of this section.
e. 1. The commissioner shall require employment reports to be
submitted in such form and containing such information as the
commissioner may prescribe, by contractors to whom agencies propose to
award city contracts and their proposed subcontractors, when such
contracts or subcontracts have a value above a monetary threshold that
the commissioner shall by rule establish. The commissioner may by rule
provide for appropriate exemptions from such requirements.
2. An employment report shall include, but not be limited to,
employment practices, policies, procedures, statistics and collective
bargaining agreements. The contracting agency shall transmit the
employment report to the commissioner after the selection of a proposed
contractor or subcontractor. The commissioner shall review all
employment reports to determine whether such contractors and
subcontractors are in compliance with the equal employment opportunity
requirement of local, state and federal law and executive orders.
3. Except as provided in paragraphs 4, 5 and 6 of this subdivision, a
contracting agency may award the contract or approve a subcontractor
upon receiving the approval of the division, or after a number of days
to be specified by rule have passed since it submitted the employment
report of the proposed contractor to the division, whichever is sooner.
4. If the commissioner notifies the contracting agency that a proposed
contractor or subcontractor has failed to submit a complete employment
report, the commissioner shall require the contracting agency not to
award the contract or approve the subcontractor until after a complete
employment report has been submitted to the division for its review.
5. If the commissioner notifies the contracting agency that the
division has reason to believe that the contractor or subcontractor is
not in substantial compliance with the requirements of this section, the
commissioner may require the contracting agency not to award the
contract or approve the subcontractor until the contractor has agreed to
take appropriate action to come into compliance with such requirements.
6. The commissioner may by rule provide for circumstances when a
contract or subcontract may be awarded without the prior approval of the
division, which shall include but not be limited to requirements
contracts which may be awarded prior to the approval of an employment
report, subject to the condition that a purchase shall not be made under
the contract until the division has approved the employment report,
emergency contracts, and contracts with contractors or subcontractors
for which the division has previously approved an employment report.
7. The time schedules for actions required to be taken pursuant to
this section shall be defined by rule of the procurement policy board in
accordance with the provisions of section three hundred eleven.
f. Periodic review. The commissioner may require contractors or
subcontractors to file periodic employment reports after the award of a
contract in such form and with such frequency as the commissioner may
direct by rule to determine whether such contractors or subcontractors
are in compliance with applicable legal requirements and the provisions
of this section.
g. Responsibilities of city agencies. The head of each city, county,
borough or other office, position, administration, board, department,
division, commission, bureau, corporation, authority, or other agency of
government, where the majority of board members are appointed directly
or indirectly by the mayor or serve by virtue of being city officers, or
the expenses of which are paid in whole or in part from the city
treasury, including the board of education, city and community colleges,
the financial services corporation, the health and hospitals
corporation, the public development corporation, school boards, and the
city housing authority, shall:
1. assist the division in monitoring compliance with the equal
employment opportunity requirements of contracts under its jurisdiction
and refer and recommend matters to the division with respect to
non-compliance with the provisions of this section;
2. designate a deputy commissioner or other executive officer to
advise the commissioner concerning the activities and progress of the
agency in carrying out its responsibilities pursuant to this section;
and
3. in accordance with the provisions of section three hundred
thirty-five, impose remedies and sanctions for failure to comply with
the requirements included in city contracts pursuant to this section.
h. Enforcement, remedies and sanctions. Upon receiving a complaint or
at its own instance, the commissioner may conduct such investigation as
may be necessary to determine whether contractors and subcontractors are
in compliance with the equal employment opportunity requirements of
federal, state and local laws and executive orders. If the commissioner
has reason to believe that a contractor or subcontractor is not in
compliance with the provisions of this section, the commissioner shall
seek the contractor's or subcontractor's agreement to adopt and adhere
to an employment program designed to ensure equal employment
opportunity, including but not limited to measures designed to remedy
underutilization of minorities and women in the contractor's or
subcontractor's workforce, and may, in addition, recommend to the
contracting agency that payments to the contractor be suspended pending
a determination of the contractor's or subcontractor's compliance with
such requirements. If the contractor or subcontractor does not agree to
adopt or does not adhere to such a program, the commissioner shall make
a determination as to whether the contractor or subcontractor is in
compliance with the provisions of this section, and shall notify the
head of the contracting agency of such determination and any sanctions,
including withholding of payment, imposition of an employment program,
or other sanction or remedy provided by law or by contract, which the
executive director believes should be imposed. The head of the
contracting agency shall impose such sanction unless he or she notifies
the commissioner in writing that the agency head does not agree with the
recommendation, in which case the commissioner and the head of the
contracting agency shall jointly determine any sanction to be imposed.
If the agency head and the commissioner do not agree on the sanction to
be imposed, the matter shall be referred to the mayor, who shall
determine any sanction to be imposed.
i. Confidentiality. To the extent permitted by law and consistent with
the proper discharge of the division's responsibilities under this
section all information provided by a contractor to the division shall
be confidential.
j. This section shall not apply:
1. to contracts for financial or other assistance between the city and
a government or governmental agency;
2. to contracts, resolutions, indentures, declarations of trust, or
other instruments authorizing or relating to the authorization,
issuance, award, and sale of bonds, certificates of indebtedness, notes
or other fiscal obligations of the city, or consisting thereof, except
as otherwise provided by law or executive order; or
3. to employment by the city of its officers and employees which is
subject to equal employment opportunity requirements of applicable law.
Section 1306.
§ 1306. The New York city public utility service. The commissioner or
his or her designee shall serve as the director of the public utility
service established by section 22-301 of the administrative code.
To the extent possible under law, Friends of Devin Balkind for Public Advocate has waived all copyright and related or neighboring rights to New York City Administrative Code. This work is published from: United States.
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