N.Y. Labor Law § 224-f: Wage requirements for certain climate risk-related and energy transition projects

* § 224-f. Wage requirements for certain climate risk-related and

energy transition projects. 1. For purposes of this section, a "covered

climate risk-related and energy transition project" means a construction

project that receives at least one hundred thousand dollars of funds

from the New York climate action fund climate investment account

established pursuant to section ninety-nine-qq of the state finance law

or the climate change adaptation fund established pursuant to section

ninety-seven-m of the state finance law.

2. A covered climate risk-related and energy transition project shall

be subject to prevailing wage requirements in accordance with sections

two hundred twenty, two hundred twenty-a, two hundred twenty-b, two

hundred twenty-i, two hundred twenty-three, and two hundred

twenty-four-b of this article, provided that a covered climate

risk-related and energy transition project may still otherwise be

considered a covered project pursuant to section two hundred twenty or

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

therein.

3. For purposes of this section, a covered climate risk-related and

energy transition project shall exclude:

a. Privately owned construction work performed under a pre-hire

collective bargaining agreement between an owner or developer and a bona

fide building and construction trades 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; or

b. Construction work on one- or two-family dwellings where the

property is the owner's primary residence, or construction work

performed on property where the owner of the property owns no more than

four dwelling units; or

c. Construction work performed on a multiple residence and/or

ancillary amenities or installations that is wholly privately owned in

any of the following circumstances:

(i) where no less than twenty-five percent of the residential units

are affordable and shall be retained subject to an anticipated

regulatory agreement with a local, state, or federal governmental

entity, or a not-for-profit entity with an anticipated formal agreement

with a local, state, or federal governmental entity for purposes of

providing affordable housing in a given locality or region provided that

the period of affordability for a residential unit deemed affordable

under the provisions of this paragraph shall be for no less than fifteen

years from the date of construction; or

(ii) where no less than thirty-five percent of the residential units

involves the provision of supportive housing services for vulnerable

populations provided that such units are subject to an anticipated

regulatory agreement with a local, state, or federal governmental

entity.

4. As a condition of receiving funds from the New York climate action

fund climate investment account established pursuant to section

ninety-nine-qq of the state finance law or from the climate change

adaptation fund established pursuant to section ninety-seven-m of the

state finance law for a covered climate risk-related and energy

transition project, the owner or developer of such covered climate

risk-related and energy transition project, or a third party acting on

such owner's or developer's behalf, shall agree to 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 who will be working within the covered

climate risk-related and energy transition project once built; or

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

represent such non-construction employees.

5. For purposes of this section "labor peace agreement" means an

agreement between an owner and/or developer 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.

6. The owner or developer using funds from the New York climate action

fund climate investment account established pursuant to section

ninety-nine-qq of the state finance law or from the climate change

adaptation fund established pursuant to section ninety-seven-m of the

state finance law for a covered climate risk-related and energy

transition project pursuant to this section shall:

a. require the use of apprenticeship agreements as defined by article

twenty-three of this chapter; or for industries without apprenticeship

programs, require the use of workforce training, preferably in

conjunction with a bona fide labor organization; and

b. consider use of registered pre-apprenticeship direct entry programs

for the recruitment of local and/or disadvantaged workers.

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

to be the commissioner. The enforcement of any covered climate

risk-related and energy transition 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-i, 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 climate risk-related and energy

transition project as otherwise being considered public work pursuant to

this article.

8. 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.

9. For any building service work on a covered climate risk-related and

energy transition project, prevailing wage shall be paid consistent with

article nine of this chapter.

10. Any public entity receiving at least five million dollars in funds

from the New York climate action fund climate investment account

established pursuant to section ninety-nine-qq of the state finance law

or from the climate change adaptation fund established pursuant to

section ninety-seven-m of the state finance law 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 this article.

* NB There are 2 § 224-f's