N.Y. Labor Law § 224-c: Public subsidy board

§ 224-c. Public subsidy board. 1. A board on public subsidies,

hereinafter "the board", is hereby created, to consist of thirteen

members. The thirteen members shall be appointed by the governor as

follows: one member upon the recommendation of the temporary president

of the senate, one member upon the recommendation of the speaker of the

assembly, the commissioner, the president of the empire state

development corporation, the director of the division of the budget, two

members representing employees in the construction industry, of whom one

shall be a representative of the largest statewide trade labor

association representing building and construction workers, and one

shall be a representative of the largest trade labor association

representing building and construction workers with membership in New

York City, and two members representing employers in the construction

industry, of whom one shall be a representative of the largest statewide

organization representing building owners and developers, either

for-profit or not-for-profit, and one shall be a representative of a

statewide organization representing building owners and developers,

either for-profit or not-for-profit, representing a region different

than the region primarily represented by the initial employer

representative. The commissioner shall act as the chair. The members

shall serve at the pleasure of the authority recommending, designating,

or otherwise appointing such member and shall serve without salary or

compensation but shall be reimbursed for necessary expenses incurred in

the performance of their duties.

2. The board shall meet on an as needed basis and shall have the power

to conduct public hearings. The board may also consult with employers

and employees, and their respective representatives, in the construction

industry and with such other persons, including the commissioner, as it

shall determine. No public officer or employee appointed to the board

shall forfeit any position or office by virtue of appointment to such

board. Any proceedings of the board which relate to a particular

individual or project shall be confidential.

3. The board may examine and make recommendations regarding the

following:

(a) the minimum threshold percentage of public funds set forth in

subdivision one of section two hundred twenty-four-a of this article,

but no lower than that which is set forth in such subdivision;

(b) the minimum dollar threshold of projects set forth in subdivision

one of section two hundred twenty-four-a of this article, but no lower

than that which is set forth in such subdivision;

(c) construction work excluded as a covered project, as set forth in

subparagraphs (i), (ii) and (iii) of paragraph c of subdivision four of

section two hundred twenty-four-a of this article;

(d) the definition of construction for purposes of section two hundred

twenty-four-a of this article; or

(e) particular instances of benefits, monies or credits as to whether

or not they should constitute public funds.

4. Prior to making any recommendation intended to apply to all

projects, the board shall hold a public hearing. The board shall

announce each public hearing at least fifteen days in advance. The

announcement shall contain an agenda of the topics the board will

discuss. At each hearing, the board may hear testimony and/or review

written documents from any interested stakeholders related to the

planned agenda of the meeting. The board shall make any such

recommendations in writing. In making its recommendations, the board

shall examine the impact of such thresholds and circumstances on private

development in light of available public subsidies, existing labor

market conditions, prevailing wage and supplement practices, and shall

consider the extent to which adjustments to such thresholds and

circumstances could ameliorate adverse impacts, if any, or expand

opportunities for prevailing wage and supplement standards on publicly

subsidized private construction projects in any region or regions of the

state.

5. The board shall be empowered to issue binding determinations to any

public entity, or any private or not-for-profit owner or developer as to

any particular matter related to an existing or potential covered

project. In such instances the board shall make a determination based

upon documents, or testimony, or both in its sole discretion. Any such

proceedings shall be confidential, except that publication of such

decisions shall be made available on the department's website, subject

to redaction or confidentiality as the board shall deem warranted in

accordance with any applicable federal or state statutory or regulatory

requirement governing confidentiality and personal privacy.

6. Any recommendation rendered by the board pursuant to this section

shall be subject to the provisions of article seventy-eight of the civil

practice law and rules.

7. In the event that the board finds that there is or likely would be

a significant negative economic impact of implementing the prevailing

wage requirements provided for in section two hundred twenty-four-a of

this article, the board may temporarily delay the implementation of such

requirements beyond January first, two thousand twenty-two. Such a delay

may be effective statewide or effective only in a region of the state as

defined by the regional economic development councils. In making such a

determination to delay, the board shall consult the department, the

department's division of research and statistics, the United States

department of labor, the federal reserve bank of New York and other

economic experts. The board will reference well-established economic

indexes and accepted economic factors tied to the construction industry,

including but not limited to construction industry employment, wages,

and overall construction activity.