§ 58-1301 — Labor standards

§ 58-1301. Labor standards.\n 1. Projects funded pursuant to this article shall require compliance\nwith prevailing wage requirements pursuant to section two hundred twenty\nof the labor law.\n 2. Any state entity or municipality receiving at least twenty-five\nmillion dollars ($25,000,000) from funds allocated pursuant to this\narticle for a project costing greater than fifty million dollars\n($50,000,000) shall require use of apprenticeship agreements as defined\nby article twenty-three of the labor law.\n 3. (a) Any state entity or municipality receiving at least twenty-five\nmillion dollars ($25,000,000) from funds allocated pursuant to this\narticle for a project which involves the construction, reconstruction,\nalteration, maintenance, moving, demolition, excavation, development or\nother improvement of any building, structure or land, shall be subject\nto section two hundred twenty-two of the labor law.\n (b) Any privately owned project receiving funds allocated pursuant to\nthis title which utilizes a project labor agreement on such project\nshall not be subject to article eight of the labor law.\n 4. If determined applicable, a municipality or state entity may\nrequire that the private owner of a project, or a third party acting on\nthe owner's behalf, enter into a labor peace agreement with at least one\nbona fide labor organization either: (a) where such bona fide labor\norganization is actively representing non-construction employees; or (b)\nupon notice by a bona fide labor organization that is attempting to\nrepresent non-construction employees. For purposes of this section\n"labor peace agreement" means an agreement between an entity and labor\norganization that, at a minimum, protects the state's proprietary\ninterests by prohibiting labor organizations and members from engaging\nin picketing, work stoppages, boycotts, and any other economic\ninterference.\n 5.(a) Any municipality or state entity, or a third party acting on\nbehalf and for the benefit of the municipality or state entity, in each\ncontract for construction, reconstruction, alteration, repair,\nimprovement or maintenance of a project receiving funds under this\narticle that is a public work, shall ensure that such contract contains\na provision that the structural iron and structural steel used or\nsupplied in the performance of the contract or any subcontract thereto\nand that is permanently incorporated into the public work, shall be\nproduced or made in whole or substantial part in the United States, its\nterritories or possessions. In the case of a structural iron or\nstructural steel product, all manufacturing must take place in the\nUnited States, from the initial melting stage through the application of\ncoatings, except metallurgical processes involving the refinement of\nsteel additives. For the purposes of this subdivision, "permanently\nincorporated" shall mean an iron or steel product that is required to\nremain in place at the end of the project contract, in a fixed location,\naffixed to the public work to which it was incorporated. Iron and steel\nproducts that are capable of being moved from one location to another\nare not permanently incorporated into a public work.\n (b) The provisions of paragraph (a) of this subdivision shall not\napply if the head of the department, agency, or municipal entity\nconstructing the public work, in his or her sole discretion, determines\nthat the provisions would not be in the public interest, would result in\nunreasonable costs, or that obtaining such steel or iron in the United\nStates would increase the cost of the contract by an unreasonable\namount, or such iron or steel, including without limitation structural\niron and structural steel, cannot be produced or made in the United\nStates in sufficient and reasonably available quantities and of\nsatisfactory quality.\n