NY Lab L § 224-C (2021)
2021 New York Laws LAB - Labor Article 8 - Public Work 224-C - Public Subsidy Board.

§  224-c.  Public  subsidy  board.  1.  A  board  on public subsidies, hereinafter "the board", is  hereby  created,  to  consist  of  thirteen members.  The  thirteen  members  shall  be appointed by the governor as follows: one member upon the recommendation of the  temporary  president of  the senate, one member upon the recommendation of the speaker of the assembly,  the  commissioner,  the  president  of   the   empire   state development corporation, the director of the division of the budget, two members representing employees in the construction industry, of whom one shall   be  a  representative  of  the  largest  statewide  trade  labor association representing building  and  construction  workers,  and  one shall  be  a  representative  of  the  largest  trade  labor association representing building and construction workers with  membership  in  New York  City,  and  two members representing employers in the construction industry, of whom one shall be a representative of the largest statewide organization  representing  building  owners  and   developers,   either for-profit  or  not-for-profit,  and  one shall be a representative of a statewide organization  representing  building  owners  and  developers, either  for-profit  or  not-for-profit,  representing a region different than  the  region  primarily  represented  by   the   initial   employer representative.  The  commissioner  shall  act as the chair. The members shall serve at the pleasure of the authority recommending,  designating, or  otherwise  appointing  such member and shall serve without salary or compensation but shall be reimbursed for necessary expenses incurred  in the performance of their duties.   2. The board shall meet on an as needed basis and shall have the power to  conduct  public  hearings. The board may also consult with employers and employees, and their respective representatives, in the construction industry and with such other persons, including the commissioner, as  it shall  determine.  No  public officer or employee appointed to the board shall forfeit any position or office by virtue of  appointment  to  such board.  Any  proceedings  of  the  board  which  relate  to a particular individual or project shall be confidential.   3. The board  may  examine  and  make  recommendations  regarding  the following:  (a)  the  minimum  threshold  percentage  of public funds set forth in subdivision one of section two hundred twenty-four-a  of  this  article, but no lower than that which is set forth in such subdivision;  (b)  the minimum dollar threshold of projects set forth in subdivision one of section two hundred twenty-four-a of this article, but  no  lower than that which is set forth in such subdivision;  (c)  construction  work excluded as a covered project, as set forth in subparagraphs (i), (ii) and (iii) of paragraph c of subdivision four  of section two hundred twenty-four-a of this article;  (d) the definition of construction for purposes of section two hundred twenty-four-a of this article; or  (e)  particular instances of benefits, monies or credits as to whether or not they should constitute public funds.   4. Prior to  making  any  recommendation  intended  to  apply  to  all projects,  the  board  shall  hold  a  public  hearing.  The board shall announce each public hearing at  least  fifteen  days  in  advance.  The announcement  shall  contain  an  agenda  of  the  topics the board will discuss. At each hearing, the board may  hear  testimony  and/or  review written  documents  from  any  interested  stakeholders  related  to the planned  agenda  of  the  meeting.    The  board  shall  make  any  such recommendations  in  writing.  In  making its recommendations, the board shall examine the impact of such thresholds and circumstances on private development in light  of  available  public  subsidies,  existing  labor market  conditions,  prevailing wage and supplement practices, and shall  consider  the  extent  to  which  adjustments  to  such  thresholds  and circumstances  could  ameliorate  adverse  impacts,  if  any,  or expand opportunities for prevailing wage and supplement standards  on  publicly subsidized private construction projects in any region or regions of the state.   5. The board shall be empowered to issue binding determinations to any public entity, or any private or not-for-profit owner or developer as to any  particular  matter  related  to  an  existing  or potential covered project. In such instances the board shall make  a  determination  based upon  documents,  or testimony, or both in its sole discretion. Any such proceedings shall be  confidential,  except  that  publication  of  such decisions  shall  be made available on the department's website, subject to redaction or confidentiality as the board  shall  deem  warranted  in accordance  with any applicable federal or state statutory or regulatory requirement governing confidentiality and personal privacy.   6. Any recommendation rendered by the board pursuant to  this  section shall be subject to the provisions of article seventy-eight of the civil practice law and rules.   7.  In the event that the board finds that there is or likely would be a significant negative economic impact of  implementing  the  prevailing wage  requirements  provided for in section two hundred twenty-four-a of this article, the board may temporarily delay the implementation of such requirements beyond January first, two thousand twenty-two. Such a delay may be effective statewide or effective only in a region of the state as defined by the regional economic development councils. In making such  a determination  to  delay,  the  board  shall consult the department, the department's division of research  and  statistics,  the  United  States department  of  labor,  the  federal  reserve bank of New York and other economic experts. The board  will  reference  well-established  economic indexes and accepted economic factors tied to the construction industry, including  but  not  limited to construction industry employment, wages, and overall construction activity.