Chapter 56 - DEPARTMENT OF SMALL BUSINESS SERVICES¶
§ 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.
§ 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.
§ 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.
§ 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.
§ 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.
§ 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.
§ 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.