2023 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) a renewable energy system,  as  such  term  is  defined  in  section
  sixty-six-p  of  the  public service law, with a capacity of one or more
  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;  or  (b)  any  "thermal
  energy  network" as defined by subdivision twenty-nine of section two of
  the public service law.
* NB Effective until January 1, 2025
* 1. For purposes of this section, a "covered renewable energy system"
  means (a) a renewable energy system, as such term is defined in  section
  sixty-six-p  of  the  public service law, with a capacity of one or more
  megawatts alternating current and  which  involves  the  procurement  of
  renewable energy credits by a public entity, or a company or corporation
  provided  in subdivisions twenty-three and twenty-four of section two of
  the public service law, or a third party acting on behalf  and  for  the
  benefit  of a public entity; (b) any "thermal energy network" as defined
  by subdivision twenty-nine of section two of the public service law; (c)
  any offshore wind supply chain project, including  but  not  limited  to
  port infrastructure, primary component manufacturing, finished component
  manufacturing, subassembly manufacturing, subcomponent manufacturing, or
  raw  material  producers,  or  a  combination  thereof  receiving direct
  funding  from  the  New  York  state  energy  research  and  development
  authority  pursuant  to  an award under a New York state energy research
  and  development  authority  solicitation;  or  (d)  a  "major   utility
  transmission  facility"  as  such term is defined by section one hundred
  twenty of the public service law.
* NB Effective January 1, 2025
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.
* NB Effective until January 1, 2025
* 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  provided, however, this subdivision shall not apply to
  any covered  renewable  energy  systems  defined  in  paragraph  (d)  of
  subdivision one of this section.
* NB Effective January 1, 2025
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 three of the veterans' services law.  The
  department  in  consultation  with  the  commissioner of the division of
  minority and women's  business  development  and  the  director  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.
8.  Any  thermal  energy network covered by this section shall require
  all contractors and subcontractors performing construction work  to  use
  apprenticeship  agreements,  as  defined by article twenty-three of this

  chapter, with pre-apprenticeship direct entry providers registered  with
  the department.