N.Y. Labor Law § 816-b: Apprenticeship participation on certain governmental contracts

* § 816-b. Apprenticeship participation on certain governmental

contracts. 1. For purposes of this section:

(a) "governmental entity" shall mean the state, any state agency, as

that term is defined in section two-a of the state finance law,

municipal corporation, commission appointed pursuant to law, school

district, district corporation, board of education, board of cooperative

educational services, soil conservation district, and public benefit

corporation;

(b) "construction contract" shall mean any contract to which a

governmental entity may be a direct or indirect party which involves the

design, construction, reconstruction, improvement, rehabilitation,

maintenance, repair, furnishing, equipping of or otherwise providing for

any building, facility or physical structure of any kind; and

(c) "city governmental entity" shall mean a governmental entity that

is (i) a city with a population of one million or more inhabitants; or

(ii) a city school district or public benefit corporation operating

primarily within a city with a population of one million or more

inhabitants.

2. Notwithstanding any other provision of this article, of section one

hundred three of the general municipal law, of section one hundred

thirty-five of the state finance law, of section one hundred fifty-one

of the public housing law, or of any other general, special or local law

or administrative code, in entering into any construction contract, a

governmental entity, including any city governmental entity, that is to

be a direct or indirect party to such contract may require that any

contractors and subcontractors have, prior to entering into such

contract, apprenticeship agreements appropriate for the type and scope

of work to be performed, that have been registered with, and approved

by, the commissioner pursuant to the requirements found in this article.

A city governmental entity that is a direct or indirect party to a

contract may establish in its specifications a requirement that, in

performing the work, the contractor and its subcontractors utilize a

minimum ratio of apprentices to journey-level workers, as established by

the governmental entity but subject to any maximum ratio established by

the department, for any classification appropriate for the type and

scope of work to be performed, provided that no such minimum ratio shall

be established for labor performed pursuant to a construction contract.

Whenever utilizing these requirements, the governmental entity may, in

addition to whatever considerations are required by law, consider the

degree to which career opportunities in apprenticeship training programs

approved by the commissioner may be provided.

* NB Effective until May 15, 2029

* § 816-b. Apprenticeship participation on construction contracts. 1.

For purposes of this section:

(a) "governmental entity" shall mean the state, any state agency, as

that term is defined in section two-a of the state finance law,

municipal corporation, commission appointed pursuant to law, school

district, district corporation, board of education, board of cooperative

educational services, soil conservation district, and public benefit

corporation; and

(b) "construction contract" shall mean any contract to which a

governmental entity may be a direct or indirect party which involves the

design, construction, reconstruction, improvement, rehabilitation,

maintenance, repair, furnishing, equipping of or otherwise providing for

any building, facility or physical structure of any kind.

2. Notwithstanding any other provision of this article, of section one

hundred three of the general municipal law, of section one hundred

thirty-five of the state finance law, of section one hundred fifty-one

of the public housing law, or of any other general, special or local law

or administrative code, in entering into any construction contract, a

governmental entity which is to be a direct or indirect party to such

contract may require that any contractors and subcontractors have, prior

to entering into such contract, apprenticeship agreements appropriate

for the type and scope of work to be performed, that have been

registered with, and approved by, the commissioner pursuant to the

requirements found in this article. Whenever utilizing this requirement,

the governmental entity may, in addition to whatever considerations are

required by law, consider the degree to which career opportunities in

apprenticeship training programs approved by the commissioner may be

provided.

* NB Effective May 15, 2029