N.Y. Labor Law § 224-d: Wage requirements for certain renewable energy systems

§ 224-d. Wage requirements for certain renewable energy systems. 1.

For purposes of this section, a "covered renewable energy system" means

(a) a renewable energy system, as such term is defined in section

sixty-six-p of the public service law, with a capacity of one or more

megawatts alternating current and which involves the procurement of

renewable energy credits by a public entity, or a company or corporation

provided in subdivisions twenty-three and twenty-four of section two of

the public service law, or a third party acting on behalf and for the

benefit of a public entity; (b) any "thermal energy network" as defined

by subdivision twenty-nine of section two of the public service law; (c)

any offshore wind supply chain project, including but not limited to

port infrastructure, primary component manufacturing, finished component

manufacturing, subassembly manufacturing, subcomponent manufacturing, or

raw material producers, or a combination thereof receiving direct

funding from the New York state energy research and development

authority pursuant to an award under a New York state energy research

and development authority solicitation; or (d) a "major utility

transmission facility" as such term is defined by section one hundred

twenty of the public service law.

2. Notwithstanding the provisions of section two hundred twenty-four-a

of this article, a covered renewable energy system 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

renewable energy system defined in section sixty-six-p of the public

service law which is not considered to be covered by this section, may

still otherwise be considered a "covered project" pursuant to section

two hundred twenty-four-a of this article if it meets such definition.

3. For purposes of this section, a covered renewable energy system

shall exclude construction work performed under a pre-hire collective

bargaining agreement between an owner or contractor and a bona fide

building and construction trade labor organization which has established

itself, and/or its affiliates, as the collective bargaining

representative for all persons who will perform work on such a project,

and which provides that only contractors and subcontractors who sign a

pre-negotiated agreement with the labor organization can perform work on

such a project provided, however, this subdivision shall not apply to

any covered renewable energy systems defined in paragraph (d) of

subdivision one of this section.

4. For purposes of this section, the "fiscal officer" shall be deemed

to be the commissioner. The enforcement of any covered renewable energy

system pursuant to 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, and 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 renewable energy system as otherwise

being considered public work pursuant to this article.

5. 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.

6. 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 three of the veterans' services law. The

department in consultation with the commissioner of the division of

minority and women's business development and the director 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 on covered renewable energy systems 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.

7. 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-two, and annually thereafter, on the participation

of minority and women-owned business enterprises in relation to covered

renewable energy systems subject to the provisions of this section as

well as the diversity practices of contractors and subcontractors

employing laborers, workers, and mechanics 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 renewable

energy system. 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.

8. A covered renewable energy system shall require all contractors and

subcontractors performing construction work to have apprenticeship

agreements, as defined by article twenty-three of this chapter, and any

thermal energy network covered by this section shall additionally

require such contractors and subcontractors to have agreements with

pre-apprenticeship direct entry providers registered with the

department.