2023 New York Laws › LAB - Labor › Article 23 - Apprenticeship Training › 816-B - Apprenticeship Participation on Certain Governmental Contracts.

* §  816-b. Apprenticeship participation on construction contracts. 1.
For purposes of this section:
(a) "governmental entity" shall mean the state, any state  agency,  as
that  term  is  defined  in  section  two-a  of  the  state finance law,
municipal corporation, commission  appointed  pursuant  to  law,  school
district, district corporation, board of education, board of cooperative
educational  services,  soil  conservation  district, and public benefit
corporation; and
(b) "construction  contract"  shall  mean  any  contract  to  which  a
governmental entity may be a direct or indirect party which involves the
design,   construction,   reconstruction,  improvement,  rehabilitation,
maintenance, repair, furnishing, equipping of or otherwise providing for
any building, facility or physical structure of any kind.
2. Notwithstanding any other provision of this article, of section one
hundred three of the general  municipal  law,  of  section  one  hundred
thirty-five  of  the state finance law, of section one hundred fifty-one
of the public housing law, or of any other general, special or local law
or administrative code, in entering into any  construction  contract,  a
governmental  entity  which  is to be a direct or indirect party to such
contract may require that any contractors and subcontractors have, prior
to entering into such contract,  apprenticeship  agreements  appropriate
for  the  type  and  scope  of  work  to  be  performed,  that have been
registered with, and approved  by,  the  commissioner  pursuant  to  the
requirements found in this article. Whenever utilizing this requirement,
the  governmental entity may, in addition to whatever considerations are
required by law, consider the degree to which  career  opportunities  in
apprenticeship  training  programs  approved  by the commissioner may be
provided.
* NB Effective until May 15, 2024
* §  816-b.  Apprenticeship  participation  on  certain   governmental
contracts. 1. For purposes of this section:
(a)  "governmental  entity" shall mean the state, any state agency, as
that term is  defined  in  section  two-a  of  the  state  finance  law,
municipal  corporation,  commission  appointed  pursuant  to law, school
district, district corporation, board of education, board of cooperative
educational services, soil conservation  district,  and  public  benefit
corporation;
(b)  "construction  contract"  shall  mean  any  contract  to  which a
governmental entity may be a direct or indirect party which involves the
design,  construction,  reconstruction,   improvement,   rehabilitation,
maintenance, repair, furnishing, equipping of or otherwise providing for
any building, facility or physical structure of any kind; and
(c)  "city  governmental entity" shall mean a governmental entity that
is (i) a city with a population of one million or more  inhabitants;  or
(ii)  a  city  school  district  or public benefit corporation operating
primarily within a city  with  a  population  of  one  million  or  more
inhabitants.
2. Notwithstanding any other provision of this article, of section one
hundred  three  of  the  general  municipal  law, of section one hundred
thirty-five of the state finance law, of section one  hundred  fifty-one
of the public housing law, or of any other general, special or local law
or  administrative  code,  in entering into any construction contract, a
governmental entity, including any city governmental entity, that is  to
be  a  direct  or  indirect  party to such contract may require that any
contractors  and  subcontractors  have,  prior  to  entering  into  such
contract,  apprenticeship  agreements appropriate for the type and scope
of work to be performed, that have been registered  with,  and  approved
by, the commissioner pursuant to the requirements found in this article.

A  city  governmental  entity  that  is  a direct or indirect party to a
contract may establish in its  specifications  a  requirement  that,  in
performing  the  work,  the  contractor and its subcontractors utilize a
minimum ratio of apprentices to journey-level workers, as established by
the  governmental entity but subject to any maximum ratio established by
the department, for any classification  appropriate  for  the  type  and
scope of work to be performed, provided that no such minimum ratio shall
be  established for labor performed pursuant to a construction contract.
Whenever utilizing these requirements, the governmental entity  may,  in
addition  to  whatever  considerations are required by law, consider the
degree to which career opportunities in apprenticeship training programs
approved by the commissioner may be provided.
* NB Effective May 15, 2024 until May 15, 2029
* § 816-b. Apprenticeship participation on construction contracts.  1.
For purposes of this section:
(a)  "governmental  entity" shall mean the state, any state agency, as
that term is  defined  in  section  two-a  of  the  state  finance  law,
municipal  corporation,  commission  appointed  pursuant  to law, school
district, district corporation, board of education, board of cooperative
educational services, soil conservation  district,  and  public  benefit
corporation; and
(b)  "construction  contract"  shall  mean  any  contract  to  which a
governmental entity may be a direct or indirect party which involves the
design,  construction,  reconstruction,   improvement,   rehabilitation,
maintenance, repair, furnishing, equipping of or otherwise providing for
any building, facility or physical structure of any kind.
2. Notwithstanding any other provision of this article, of section one
hundred  three  of  the  general  municipal  law, of section one hundred
thirty-five of the state finance law, of section one  hundred  fifty-one
of the public housing law, or of any other general, special or local law
or  administrative  code,  in entering into any construction contract, a
governmental entity which is to be a direct or indirect  party  to  such
contract may require that any contractors and subcontractors have, prior
to  entering  into  such contract, apprenticeship agreements appropriate
for the type  and  scope  of  work  to  be  performed,  that  have  been
registered  with,  and  approved  by,  the  commissioner pursuant to the
requirements found in this article. Whenever utilizing this requirement,
the governmental entity may, in addition to whatever considerations  are
required  by  law,  consider the degree to which career opportunities in
apprenticeship training programs approved by  the  commissioner  may  be
provided.
* NB Effective May 15, 2029