N.Y. LAB Law § 224-D — New York Code / Act LAB / Article 8 / Section 224-D
Wage requirements for certain renewable energy systems
Status: in_force

§ 224-d. Wage requirements for certain renewable energy systems.  1.\nFor purposes of this section, a "covered renewable energy system" means\n(a) a renewable energy system, as such term is defined in section\nsixty-six-p of the public service law, with a capacity of one or more\nmegawatts alternating current and which involves the procurement of\nrenewable energy credits by a public entity, or a company or corporation\nprovided in subdivisions twenty-three and twenty-four of section two of\nthe public service law, or a third party acting on behalf and for the\nbenefit of a public entity; (b) any "thermal energy network" as defined\nby subdivision twenty-nine of section two of the public service law; (c)\nany offshore wind supply chain project, including but not limited to\nport infrastructure, primary component manufacturing, finished component\nmanufacturing, subassembly manufacturing, subcomponent manufacturing, or\nraw material producers, or a combination thereof receiving direct\nfunding from the New York state energy research and development\nauthority pursuant to an award under a New York state energy research\nand development authority solicitation; or (d) a "major utility\ntransmission facility" as such term is defined by section one hundred\ntwenty of the public service law.\n  2. Notwithstanding the provisions of section two hundred twenty-four-a\nof this article, a covered renewable energy system shall be subject to\nprevailing wage requirements in accordance with sections two hundred\ntwenty and two hundred twenty-b of this article. Provided that a\nrenewable energy system defined in section sixty-six-p of the public\nservice law which is not considered to be covered by this section, may\nstill otherwise be considered a "covered project" pursuant to section\ntwo hundred twenty-four-a of this article if it meets such definition.\n  3. For purposes of this section, a covered renewable energy system\nshall exclude construction work performed under a pre-hire collective\nbargaining agreement between an owner or contractor and a bona fide\nbuilding and construction trade labor organization which has established\nitself, and/or its affiliates, as the collective bargaining\nrepresentative for all persons who will perform work on such a project,\nand which provides that only contractors and subcontractors who sign a\npre-negotiated agreement with the labor organization can perform work on\nsuch a project provided, however, this subdivision shall not apply to\nany covered renewable energy systems defined in paragraph (d) of\nsubdivision one of this section.\n  4. For purposes of this section, the "fiscal officer" shall be deemed\nto be the commissioner. The enforcement of any covered renewable energy\nsystem pursuant to this section shall be subject to the requirements of\nsections two hundred twenty, two hundred twenty-a, two hundred twenty-b,\ntwo hundred twenty-three, two hundred twenty-four-b, and two hundred\ntwenty-seven of this chapter and within the jurisdiction of the fiscal\nofficer; provided, however, nothing contained in this section shall be\ndeemed to construe any covered renewable energy system as otherwise\nbeing considered public work pursuant to this article.\n  5. The fiscal officer may issue rules and regulations governing the\nprovisions of this section. Violations of this section shall be grounds\nfor determinations and orders pursuant to section two hundred twenty-b\nof this article.\n  6. Each owner and developer subject to the requirements of this\nsection shall comply with the objectives and goals of certified minority\nand women-owned business enterprises pursuant to article fifteen-A of\nthe executive law and certified service-disabled veteran-owned\nbusinesses pursuant to article three of the veterans' services law. The\ndepartment in consultation with the commissioner of the division of\nminority and women's business development and the director of the\ndivision of service-disabled veterans' business development shall make\ntraining and resources available to assist minority and women-owned\nbusiness enterprises and service-disabled veteran-owned business\nenterprises on covered renewable energy systems to achieve and maintain\ncompliance with prevailing wage requirements. The department shall make\nsuch training and resources available online and shall afford minority\nand women-owned business enterprises and service-disabled veteran-owned\nbusiness enterprises an opportunity to submit comments on such training.\n  7. a. The fiscal officer shall report to the governor, the temporary\npresident of the senate, and the speaker of the assembly by July first,\ntwo thousand twenty-two, and annually thereafter, on the participation\nof minority and women-owned business enterprises in relation to covered\nrenewable energy systems subject to the provisions of this section as\nwell as the diversity practices of contractors and subcontractors\nemploying laborers, workers, and mechanics on such projects.\n  b. Such reports shall include aggregated data on the utilization and\nparticipation of minority and women-owned business enterprises, the\nemployment of minorities and women in construction-related jobs on such\nprojects, and the commitment of contractors and subcontractors on such\nprojects to adopting practices and policies that promote diversity\nwithin the workforce. The reports shall also examine the compliance of\ncontractors and subcontractors with other equal employment opportunity\nrequirements and anti-discrimination laws, in addition to any other\nemployment practices deemed pertinent by the commissioner.\n  c. The fiscal officer may require any owner or developer to disclose\ninformation on the participation of minority and women-owned business\nenterprises and the diversity practices of contractors and\nsubcontractors involved in the performance of any covered renewable\nenergy system. It shall be the duty of the fiscal officer to consult and\nto share such information in order to effectuate the requirements of\nthis section.\n  * 8. Any thermal energy network covered by this section shall require\nall contractors and subcontractors performing construction work to use\napprenticeship agreements, as defined by article twenty-three of this\nchapter, with pre-apprenticeship direct entry providers registered with\nthe department.\n  * NB Effective until September 1, 2026\n  * 8. A covered renewable energy system shall require all contractors\nand subcontractors performing construction work to have apprenticeship\nagreements, as defined by article twenty-three of this chapter, and any\nthermal energy network covered by this section shall additionally\nrequire such contractors and subcontractors to have agreements with\npre-apprenticeship direct entry providers registered with the\ndepartment.\n  * NB Effective September 1, 2026\n