N.Y. Labor Law § 224-e: Wage requirements for certain broadband projects

§ 224-e. Wage requirements for certain broadband projects. 1. For

purposes of this section, a "covered broadband project" means a

broadband project funded by programs established pursuant to

subdivisions seven and eight of section sixteen-gg of the New York state

urban development corporation act.

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

of this article, a covered broadband project 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 covered

broadband project may still otherwise be considered a covered project

pursuant to section two hundred twenty-four-a of this article if it

meets the definition therein.

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

to be the commissioner. The enforcement of any covered broadband project

under 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 of this article, and section 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 broadband project as otherwise

being considered public work pursuant to this article.

4. 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.

5. 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 seventeen-B of the executive law. The

department in consultation with the directors of the division of

minority and women's business development and 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

undertaking covered broadband projects 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.

6. (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-three and annually thereafter, on the participation

of minority and women-owned business enterprises undertaking covered

broadband projects subject to the provisions of this section as well as

the diversity practices of contractors and subcontractors employing

workers 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 broadband

project. 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.