2023 New York Laws › LAB - Labor › Article 8 - Public Work › 224-F - Wage Requirements for Certain Climate Risk-Related and Energy Transition Projects.

* §  224-f.  Wage  requirements  for  certain climate risk-related and
energy transition projects. 1. For purposes of this section, a  "covered
climate risk-related and energy transition project" means a construction
project  that  receives  at  least one hundred thousand dollars of funds
from the  New  York  climate  action  fund  climate  investment  account
established pursuant to section ninety-nine-qq of the state finance law.
2.  A covered climate risk-related and energy transition project shall
be subject to prevailing wage requirements in accordance  with  sections
two  hundred  twenty,  two  hundred  twenty-a, two hundred twenty-b, two
hundred  twenty-i,   two   hundred   twenty-three,   and   two   hundred
twenty-four-b   of   this  article,  provided  that  a  covered  climate
risk-related and  energy  transition  project  may  still  otherwise  be
considered  a  covered project pursuant to section two hundred twenty or
two hundred twenty-four-a of this article if  it  meets  the  definition
therein.
3.  For  purposes  of this section, a covered climate risk-related and
energy transition project shall exclude:
a. Privately  owned  construction  work  performed  under  a  pre-hire
collective bargaining agreement between an owner or developer and a bona
fide  building  and  construction  trades  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
b.  Construction  work  on  one-  or  two-family  dwellings  where the
property  is  the  owner's  primary  residence,  or  construction   work
performed  on property where the owner of the property owns no more than
four dwelling units; or
c.  Construction  work  performed  on  a  multiple  residence   and/or
ancillary  amenities  or installations that is wholly privately owned in
any of the following circumstances:
(i) where no less than twenty-five percent of  the  residential  units
are   affordable  and  shall  be  retained  subject  to  an  anticipated
regulatory agreement  with  a  local,  state,  or  federal  governmental
entity,  or a not-for-profit entity with an anticipated formal agreement
with a local, state, or federal  governmental  entity  for  purposes  of
providing affordable housing in a given locality or region provided that
the  period  of  affordability  for a residential unit deemed affordable
under the provisions of this paragraph shall be for no less than fifteen
years from the date of construction; or
(ii) where no less than thirty-five percent of the  residential  units
involves  the  provision  of  supportive housing services for vulnerable
populations provided that such  units  are  subject  to  an  anticipated
regulatory  agreement  with  a  local,  state,  or  federal governmental
entity.
4. As a condition of receiving funds from the New York climate  action
fund   climate   investment  account  established  pursuant  to  section
ninety-nine-qq  of  the  state  finance  law  for  a   covered   climate
risk-related  and  energy  transition project, the owner or developer of
such covered climate risk-related and energy transition  project,  or  a
third party acting on such owner's or developer's behalf, shall agree to
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  who  will  be  working  within  the covered
climate risk-related and energy transition project once built; or
b. upon notice by a bona fide labor organization that is attempting to
represent such non-construction employees.
5.  For  purposes  of  this  section  "labor peace agreement" means an
agreement between an owner and/or developer 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.
6. The owner or developer using funds from the New York climate action
fund  climate  investment  account  established  pursuant   to   section
ninety-nine-qq   of   the  state  finance  law  for  a  covered  climate
risk-related and energy transition  project  pursuant  to  this  section
shall:
a.  require the use of apprenticeship agreements as defined by article
twenty-three of this chapter; or for industries  without  apprenticeship
programs,   require   the  use  of  workforce  training,  preferably  in
conjunction with a bona fide labor organization; and
b. consider use of registered pre-apprenticeship direct entry programs
for the recruitment of local and/or disadvantaged workers.
7. For purposes of this section, the "fiscal officer" shall be  deemed
to   be  the  commissioner.  The  enforcement  of  any  covered  climate
risk-related and energy transition project under this section  shall  be
subject  to the requirements of sections two hundred twenty, two hundred
twenty-a, two  hundred  twenty-b,  two  hundred  twenty-i,  two  hundred
twenty-three, two hundred twenty-four-b of this article, and section 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 climate risk-related and energy
transition project as otherwise being considered public work pursuant to
this article.
8. 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.
9. For any building service work on a covered climate risk-related and
energy transition project, prevailing wage shall be paid consistent with
article nine of this chapter.
10. Any public entity receiving at least five million dollars in funds
from  the  New  York  climate  action  fund  climate  investment account
established pursuant to section ninety-nine-qq of the state finance  law
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 this article.
* NB There are 2 § 224-f's