N.Y. Environmental Conservation Law § 58-1301: Labor standards

§ 58-1301. Labor standards.

1. Projects funded pursuant to this article shall require compliance

with prevailing wage requirements pursuant to section two hundred twenty

of the labor law.

2. Any state entity or municipality receiving at least twenty-five

million dollars ($25,000,000) from funds allocated pursuant to this

article for a project costing greater than fifty million dollars

($50,000,000) shall require use of apprenticeship agreements as defined

by article twenty-three of the labor law.

3. (a) Any state entity or municipality receiving at least twenty-five

million dollars ($25,000,000) from funds allocated pursuant to this

article 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 the labor law.

(b) Any privately owned project receiving funds allocated pursuant to

this title which utilizes a project labor agreement on such project

shall not be subject to article eight of the labor law.

4. If determined applicable, a municipality or state entity may

require that the private owner of a project, or a third party acting on

the owner's behalf, 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; or (b)

upon notice by a bona fide labor organization that is attempting to

represent non-construction employees. For purposes of this section

"labor peace agreement" means an agreement between an entity 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.

5.(a) Any municipality or state entity, or a third party acting on

behalf and for the benefit of the municipality or state entity, in each

contract for construction, reconstruction, alteration, repair,

improvement or maintenance of a project receiving funds under this

article that is a public work, shall ensure that such contract contains

a provision that the structural iron and structural steel used or

supplied in the performance of the contract or any subcontract thereto

and that is permanently incorporated into the public work, shall be

produced or made in whole or substantial part in the United States, its

territories or possessions. In the case of a structural iron or

structural steel product, all manufacturing must take place in the

United States, from the initial melting stage through the application of

coatings, except metallurgical processes involving the refinement of

steel additives. For the purposes of this subdivision, "permanently

incorporated" shall mean an iron or steel product that is required to

remain in place at the end of the project contract, in a fixed location,

affixed to the public work to which it was incorporated. Iron and steel

products that are capable of being moved from one location to another

are not permanently incorporated into a public work.

(b) The provisions of paragraph (a) of this subdivision shall not

apply if the head of the department, agency, or municipal entity

constructing the public work, in his or her sole discretion, determines

that the provisions would not be in the public interest, would result in

unreasonable costs, or that obtaining such steel or iron in the United

States would increase the cost of the contract by an unreasonable

amount, or such iron or steel, including without limitation structural

iron and structural steel, cannot be produced or made in the United

States in sufficient and reasonably available quantities and of

satisfactory quality.