NY Lab L § 224-D (2021)
2021 New York Laws LAB - Labor Article 8 - Public Work 224-D - Wage Requirements for Certain Renewable Energy Systems.

* §  224-d. Wage requirements for certain renewable energy systems. 1.   For purposes of this section, a "covered renewable energy system"  means   a   renewable  energy  system,  as  such  term  is  defined  in  section   sixty-six-p of the public service law, with a capacity of  greater  than   five megawatts alternating current and which involves the procurement of   renewable  energy credits by a public entity, or a third party acting on   behalf and for the benefit of a public entity.2. Notwithstanding the provisions of section two hundred twenty-four-a   of this article, a covered renewable energy system shall be  subject  to   prevailing  wage  requirements  in  accordance with sections two hundred   twenty and two  hundred  twenty-b  of  this  article.  Provided  that  a   renewable  energy  system  defined  in section sixty-six-p of the public   service law which is not considered to be covered by this  section,  may   still  otherwise  be  considered a "covered project" pursuant to section   two hundred twenty-four-a of this article if it meets such definition.3. For purposes of this section, a  covered  renewable  energy  system   shall  exclude  construction  work performed under a pre-hire collective   bargaining agreement between an owner or  contractor  and  a  bona  fide   building and construction trade labor organization which has established   itself,   and/or   its   affiliates,   as   the   collective  bargaining   representative for all persons who will perform work on such a  project,   and  which  provides that only contractors and subcontractors who sign a   pre-negotiated agreement with the labor organization can perform work on   such a project, or construction  work  performed  under  a  labor  peace   agreement,  project  labor  agreement,  or  any  other construction work   performed under an enforceable agreement between an owner or  contractor   and a bona fide building and construction trade labor organization.4.  For purposes of this section, the "fiscal officer" shall be deemed   to be the commissioner. The enforcement of any covered renewable  energy   system  pursuant to this section shall be subject to the requirements of   sections two hundred twenty, two hundred twenty-a, two hundred twenty-b,   two hundred twenty-three, two hundred  twenty-four-b,  and  two  hundred   twenty-seven  of  this chapter and within the jurisdiction of the fiscal   officer; provided, however, nothing contained in this section  shall  be   deemed  to  construe  any  covered  renewable energy system as otherwise   being considered public work pursuant to this article.5. The fiscal officer may issue rules and  regulations  governing  the   provisions  of this section. Violations of this section shall be grounds   for determinations and orders pursuant to section two  hundred  twenty-b   of this article.6.  Each  owner  and  developer  subject  to  the requirements of this   section shall comply with the objectives and goals of certified minority   and women-owned business enterprises pursuant to  article  fifteen-A  of   the   executive   law   and   certified  service-disabled  veteran-owned   businesses pursuant to article seventeen-B of  the  executive  law.  The   department  in  consultation  with  the  directors  of  the  division of   minority and  women's  business  development  and  of  the  division  of   service-disabled  veterans' business development shall make training and   resources  available  to  assist  minority  and   women-owned   business   enterprises  and  service-disabled veteran-owned business enterprises on   covered renewable energy systems to achieve and maintain compliance with   prevailing wage requirements. The department shall  make  such  training   and resources available online and shall afford minority and women-owned   business   enterprises   and   service-disabled  veteran-owned  business   enterprises an opportunity to submit comments on such training.7. a. The fiscal officer shall report to the governor,  the  temporary   president  of the senate, and the speaker of the assembly by July first,   two thousand twenty-two, and annually thereafter, on  the  participation    of  minority and women-owned business enterprises in relation to covered   renewable energy systems subject to the provisions of  this  section  as   well  as  the  diversity  practices  of  contractors  and subcontractors   employing laborers, workers, and mechanics on such projects.b.  Such  reports shall include aggregated data on the utilization and   participation of minority  and  women-owned  business  enterprises,  the   employment  of minorities and women in construction-related jobs on such   projects, and the commitment of contractors and subcontractors  on  such   projects  to  adopting  practices  and  policies  that promote diversity   within the workforce. The reports shall also examine the  compliance  of   contractors  and  subcontractors with other equal employment opportunity   requirements and anti-discrimination laws,  in  addition  to  any  other   employment practices deemed pertinent by the commissioner.c.  The  fiscal officer may require any owner or developer to disclose   information on the participation of minority  and  women-owned  business   enterprises   and   the   diversity   practices   of   contractors   and   subcontractors involved in the  performance  of  any  covered  renewable   energy system. It shall be the duty of the fiscal officer to consult and   to  share  such  information  in order to effectuate the requirements of   this section.* NB Effective October 1, 2021