2023 New York Laws › ENV - Environmental Conservation › Article 58 - Implementation of the "Clean Water, Clean Air, and Green Jobs Environmental Bond Act of 2022" › Title 13 - Labor Standards › 58-1301 - Labor Standards.

§ 58-1301. Labor standards.
1.  Projects  funded pursuant to this article shall require compliance
with prevailing wage requirements pursuant to section two hundred twenty
of the labor law.
2. Any state entity or municipality  receiving  at  least  twenty-five
million  dollars  ($25,000,000)  from  funds  allocated pursuant to this
article for  a  project  costing  greater  than  fifty  million  dollars
($50,000,000)  shall require use of apprenticeship agreements as defined
by article twenty-three of the labor law.
3. (a) Any state entity or municipality receiving at least twenty-five
million dollars ($25,000,000) from  funds  allocated  pursuant  to  this
article  for  a project which involves the construction, reconstruction,
alteration, maintenance, moving, demolition, excavation, development  or
other  improvement  of any building, structure or land, shall be subject
to section two hundred twenty-two of the labor law.
(b) Any privately owned project receiving funds allocated pursuant  to
this  title  which  utilizes  a  project labor agreement on such project
shall not be subject to article eight of the labor law.
4. If determined  applicable,  a  municipality  or  state  entity  may
require  that the private owner of a project, or a third party acting on
the owner's behalf, enter into a labor peace agreement with at least one
bona fide labor organization either: (a)  where  such  bona  fide  labor
organization is actively representing non-construction employees; or (b)
upon  notice  by  a  bona  fide labor organization that is attempting to
represent non-construction  employees.  For  purposes  of  this  section
"labor  peace  agreement" means an agreement between an entity and labor
organization that,  at  a  minimum,  protects  the  state's  proprietary
interests  by  prohibiting labor organizations and members from engaging
in  picketing,  work  stoppages,  boycotts,  and  any   other   economic
interference.
5.(a)  Any  municipality  or  state entity, or a third party acting on
behalf and for the benefit of the municipality or state entity, in  each
contract   for   construction,   reconstruction,   alteration,   repair,
improvement or maintenance of  a  project  receiving  funds  under  this
article  that is a public work, shall ensure that such contract contains
a provision that the  structural  iron  and  structural  steel  used  or
supplied  in  the performance of the contract or any subcontract thereto
and that is permanently incorporated into  the  public  work,  shall  be
produced  or made in whole or substantial part in the United States, its
territories or  possessions.  In  the  case  of  a  structural  iron  or
structural  steel  product,  all  manufacturing  must  take place in the
United States, from the initial melting stage through the application of
coatings, except metallurgical processes  involving  the  refinement  of
steel  additives.  For  the  purposes  of this subdivision, "permanently
incorporated" shall mean an iron or steel product that  is  required  to
remain in place at the end of the project contract, in a fixed location,
affixed  to the public work to which it was incorporated. Iron and steel
products that are capable of being moved from one  location  to  another
are not permanently incorporated into a public work.
(b)  The  provisions  of  paragraph  (a) of this subdivision shall not
apply if the  head  of  the  department,  agency,  or  municipal  entity
constructing  the public work, in his or her sole discretion, determines
that the provisions would not be in the public interest, would result in
unreasonable costs, or that obtaining such steel or iron in  the  United
States  would  increase  the  cost  of  the  contract by an unreasonable
amount, or such iron or steel, including without  limitation  structural
iron  and  structural  steel,  cannot  be produced or made in the United

States  in  sufficient  and  reasonably  available  quantities  and   of
satisfactory quality.