2023 New York Laws › LAB - Labor › Article 8 - Public Work › 224-E - Wage Requirements for Certain Broadband Projects.

§  224-e.  Wage  requirements  for  certain broadband projects. 1. For
purposes  of  this  section,  a  "covered  broadband  project"  means  a
broadband   project   funded   by   programs   established  pursuant  to
subdivisions seven and eight of section sixteen-gg of the New York state
urban development corporation act.
2. Notwithstanding the provisions of section two hundred twenty-four-a
of this article,  a  covered  broadband  project  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 covered
broadband project may still otherwise be considered  a  covered  project
pursuant  to  section  two  hundred  twenty-four-a of this article if it
meets the definition therein.
3. For purposes of this section, the "fiscal officer" shall be  deemed
to be the commissioner. The enforcement of any covered broadband 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-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 broadband project as otherwise
being considered public work pursuant to this article.
4. 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.
5.  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 seventeen-B of  the  executive  law.  The
department  in  consultation  with  the  directors  of  the  division of
minority and  women's  business  development  and  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
undertaking  covered  broadband  projects  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.
6. (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-three and annually thereafter, on the  participation
of  minority  and  women-owned  business enterprises undertaking covered
broadband projects subject to the provisions of this section as well  as
the  diversity  practices  of  contractors  and subcontractors employing
workers 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 broadband
project. 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.