N.Y. Economic Development Law § 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.