2023 New York Laws › COM - Economic Development Law › Article 21 - Start-Up Ny Program › 437 - Mwbe and Prevailing Wage Requirements.

§  437.  MWBE and prevailing wage requirements. 1. For prevailing wage
  and  minority  and   women-owned   business   enterprises   requirements
  applicable  to  tax-free  NY  areas  on  state university campuses, city
  university campuses and community colleges, see  section  three  hundred
  sixty-one of the education law.
2.  Any  contract  to which a business on a strategic state asset in a
  tax-free NY area is a party, and any contract entered into  by  a  third
  party  acting  in  place  of,  on  behalf  of and for the benefit of the
  business pursuant to any lease, permit or other agreement  between  such
  third  party  and  the  business,  for the construction, reconstruction,
  demolition, excavation, rehabilitation, repair, renovation,  alteration,
  or  improvement, of a project, shall be subject to all of the provisions
  of article  eight  of  the  labor  law,  including  the  enforcement  of
  prevailing  wage  requirements  by  the  fiscal  officer  as  defined in
  paragraph e of subdivision five of section two  hundred  twenty  of  the
  labor  law  to  the same extent as a contract of the state, and shall be
  deemed a public work for purposes of such article.
3.  Any  individual,  public   corporation   or   authority,   private
  corporation,  limited  liability  company or partnership or other entity
  entering into a contract, subcontract, lease, grant, bond,  covenant  or
  other agreement for a project undertaken on a strategic state asset in a
  tax-free  NY area shall be deemed a state agency as that term is defined
  in article fifteen-A of the executive law and such  contracts  shall  be
  deemed  state  contracts within the meaning of that term as set forth in
  such article.
4. A business on a strategic state asset in a  tax-free  NY  area  may
  require  a  contractor  awarded  a  contract, subcontract, lease, grant,
  bond, covenant or other agreement for a project to enter into a  project
  labor  agreement pursuant to section two hundred twenty-two of the labor
  law during and for  the  work  involved  with  such  project  when  such
  requirement  is  part  of  the  business's request for proposals for the
  project and when the business determines that the record supporting  the
  decision  to enter into such an agreement establishes that the interests
  underlying the competitive bidding laws are  best  met  by  requiring  a
  project labor agreement including: obtaining the best work at the lowest
  possible  price; preventing favoritism, fraud and corruption; the impact
  of delay; the possibility of cost savings;  and  any  local  history  of
  labor unrest.
5.  For  the  purposes  of  this  section "project" shall mean capital
  improvement work on a strategic state asset to be subject to any  lease,
  transfer  or  conveyance,  other  than conveyance of title. Such capital
  improvement work shall include the design, construction, reconstruction,
  demolition, excavation, rehabilitation, repair,  renovation,  alteration
  or improvement of a strategic state asset.