2023 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.